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2005 Supreme(Guj) 156

M.R.SHAH
Kanjibhai Dahyabhai Malsattar – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: B.Y.MANKAD, MAITHILI MEHTA, N.V.Anjaria, Nikhilesh J.Shah, S.N.SHELAT

M. R. SHAH, J.

( 1 ) AS common questions of law and facts arise in the present group of petitions, these Special Civil Applications are being disposed of by this common order. As such the Special Civil Applications No. 18260 of 2003 and 18261 of 2003 are filed by the petitioners who are petitioners No. 2 and 4 of Special Civil Application No. 14579 of 2003 and they have filed separate one page petitions, being Special Civil Applications no. 18260 and 18261 of 2003. Special civil Application No. 14579 of 2003 be treated as main Special Civil Application.

( 2 ) IN the present Special Civil application under Article 226 of the constitution of India, the respective petitioners have prayed for an appropriate writ, direction or order permanently restraining the respondents No. 1 and 2, i. e. , Secretary, Department of Town planning and Urban Development, State of gujarat, and Anjar Area Development authority from acting upon the notices dated 2/3-10-2003 which are at Annexure k to the petition by which the petitioners are called upon to vacate from the land which is occupied by them as the same is part of a six metre wide road under the town Planning Scheme No. 4 which has become final u
















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