Kanbhai Gram Panchayat vs State of Gujarat

J.N. Bhatt, J.—The appellant herein is a Gram Panchayat and had initiated legal battle by filing the writ petition in this Court challenging the proposed bifurcation of Village Kanbhai into two villages like that, Kanbhai village and Satadia Falia village. Bifurcation was made by a notification which also provides in unequivocal term that the bifurcation has been notified after consulting the concerned Gram Panchayat, Taluka Panchayat and District-Panchayat and thereafter the Government directed to bifurcate the aforesaid existing Village Kanbhai into two.

The appellant has questioned the bifurcation by passing a Resolution on the ground that there was no necessity to bifurcate the area and the bifurcation made is irrational and motivated. The contentions advanced on behalf of the appellant-original-petitioner were not found favour in the writ petition. The petition, therefore, came to be rejected by order dated 9.10.2002, which is directly under challenge in this Letters Patent Appeal by invocation of Clause 15 of the Letters Patent.

After having heard the learned advocates appearing for the parties, and considering the text, tenor and the texture of the impugned order of the learned Single Judge, coupled with the factual profile and the relevant provisions of law and the parameters of the writ jurisdiction under Article 226, we are of the opinion that the view taken by the learned Single Judge in holding that the bifurcation process is not violative of any provision or is not, in any way, vulnerable, is quite satisfied, and we are satisfied about it. Therefore, the Appeal deserves to be dismissed at the threshold.

Learned advocate, Mr. JP Japee on a Caveat for respondents No. 5 and 6, has stated that the elections have taken place and that the resort to move Education Tribunal is also now open. It is for the parties to decide and it is for the Tribunal to consider in accordance with law, as and when such question would arise. With these observations, the Appeal is dismissed. Consequently, the Civil Application for stay shall also stand rejected.