RAJENDRABHAI THAKORBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred by administrator of the Gavier Group Gram Panchayat challenging the order dated 19. 12. 2001 whereby earlier resolution / order dated 20. 07. 2000 issued by the respondent State Government under Section 201 of the Gujarat Panchayats Act, 1993 (the Act) has been amended to the prejudice of the petitioner-Panchayat.

(2.) RESPONDENT Nos. 2, 3, 4 and 5 are functioning within the territorial limits of the petitioner-Panchayat and are liable to pay octroi. For 1998-1999, 1999-2000 and 2000-2001 the State Government, in exercise of powers under Section 201 of the Act, passed an order on 20. 07. 2000 fixing lump-sum octroi. However, while passing the said order, vide condition No. 3 it was specifically provided that if there is any surcharge of Taluka Panchayat or District Panchayat then all the four industries have to pay the same separately and independent of the lump-sum amount fixed. Thereafter it appears that respondent No. 2 made a representation vide communication dated 16. 01. 2001 and on considering the same the earlier order dated 20. 07. 2000 has been modified by re-drafting condition No. 3 to read that the lump-sum amount shall include the surcharge levied by either Taluka Panchayat or District Panchayat.

(3.) THE principal grievance ventilated on behalf of the petitioner is to the effect that the said modification has been carried out without granting an opportunity and hearing the petitioner-Panchayat, who is directly the affected party.