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2005 Supreme(Guj) 275

JAYANT PATEL
CHHAGANBHAI KALUBHAI MALI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: Ajay R.Mehta, P.C.KAVINA, PRACHHAK, R.N.SHAH

JAYANT PATEL, J.

( 1 ) THE short facts of the case are that the petitioners, who are claiming the status as vegetable merchant, have approached this Court for challenging the order passed by the Collector dated 28. 8. 2000, whereby various directions are given, inter alia, to collect difference of the market price as per the Rules in response to the shops which are allotted to Respondents No. 4 to 9. As per the case of the petitioners, Chora Building at which the shopping centre is constructed is required to be used for vegetable market and not for any other purpose. It appears that respondent No. 3 Municipality had passed the resolution for construction of Santrampur Urban Development Coop. Bank Limited Vegetable Market. Thereafter, the building was constructed and so far as Respondents No. 4 to 9 are concerned, the Municipality passed the resolution No. 149 dated 30. 7. 1998, whereby the Municipality resolved for accepting the development amount as Rs. 40,000/= for the persons who were having cabins numbered and for unnumbered cabins it was agreed to accept the amount of Rs. 55,000/= and it was also agreed to allot the shop on rental basis. It appears that the petitioners approach




















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