Gujarat High Court
Panchabhai Kanabhai Chauhan vs State Of Gujarat on 17 June, 2021
Bench: N.V.Anjaria
C/SCA/12415/2018 ORDER DATED: 17/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12415 of 2018
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PANCHABHAI KANABHAI CHAUHAN & 7 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR GAURANG K CHAUHAN(9858) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MR JIGAR G GADHAVI(5613) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MR. TIRTHRAJ PANDYA, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
MR DIGANT M POPAT(5385) for the Respondent(s) No. 2
RULE SERVED BY DS(65) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 17/06/2021
ORAL ORDER
The petitioners were the Members of the Shihor Agricultural
Produce Markets Committee. The petitioner took the charge as the
Chairman of the Committee on 6.3.2018.
2. A show cause notice came to be issued by respondent No.1
authority under section 46 of the Gujarat Agricultural Produce Market
Committee Act, 1963, to which the petitioner filed reply raising defence
that there was no mismanagement or irregularity in the functioning.
Order came to be passed by the Secretary, Gujarat Agricultural Produce
Market Committee, Shihor and the Market Committee came to be
superseded.
3. The challenge in this petition was directed against the said order at
the instance of the present petitioner. The petition was filed in the year
2018. The term of the Chairmanship was of five years which was to last
upto 31.8.2020, however, suppersession of the Market Committee
intervened as per the impugned order.
C/SCA/12415/2018 ORDER DATED: 17/06/2021
4. Learned advocate for the respondent would submit that the petition
has become infructuous by way of efflux of time. Learned Assistant
Government Pleader Mr. Tirthraj Pandya appeared for the respondent
State and its authorities to support the submission that the petition no
more survives for consideration on merits in view of the facts and
development.
4.1 On the other hand learned advocate Mr. Jigar Gadhvi for the
petitioners submitted that the order was passed out of political vendetta
and that the petitioners have strong legal points to urge. Learned
advocate submitted that the very supersession of the Committee was
against the judgment of the Supreme Court in State of M.P. and others
vs. Sanjay Nagayach and others (2013) 7 SCC 25.
5. The subject matter has failed to survive at present. The term of the
petitioner as Chairman itself has been over. Five years period has been
expired in the year 2020.
6. As the term of the petitioner as Chairman of the Market Committee
is over, he is left without any cause of action to continue with the present
petition. This petition has been rendered infructuous because of passage
of time. The court would not go into the academic question to examine
the merits of the impugned order.
7. In view of above position obtaining, this petition is disposed of
without going into merits, as it has become infructuous. Notice is
discharged. Interim orders are vacated.
(N.V.ANJARIA, J)
C.M. JOSHI
