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2008 Supreme(Guj) 46

M.S.SHAH
Vithalbhai Chhaganbhai (Since Deceased) [Vadodara] – Appellant
Versus
State of Gujarat Through Secretary – Respondent


Advocates:
Appearance :
Mrs. Sangeeta Pahwa, for M/s. Thakkar Assoc., for the Petitioner No. 1.
Government Pleader, for the Respondent No. 1.
None, for the Respondent No. 2.
Mr. V.H. Desai, for the Respondent No. 3.

Judgment

M.S. Shah, J.—This petition under Article 226 of the Constitution challenges the notice-cum-order dated 01/17.02.2007 (Annexure-A) passed by the Chief Officer of Padra Municipality—Respondent No. 3 herein seeking to remove the petitioner’s cabins situated at Gandhi Chowk, Padra, District Vadodara.

2. The facts leading to filing of this petition, as averred by the petitioner, are as under:—

The petitioner and his son are doing the business of selling shoes/footwear in Cabin Nos. 107 and 108 which are situated at Gandhi Chowk in Padra, District Vadodara. According to the petitioner, Cabin No. 107 was given to the petitioner on licence basis by Padra Nagar Panchayat, which was thereafter converted into Municipality. Similarly, Cabin No. 108 was given to the petitioner on licence basis by Padra Nagar Panchayat. The petitioner’s case is that on account of objection lodged by Bahubal Rasiklal Shah against the licence granted in favour of the petitioner, the Vadodara District Panchayat raised an issue about the ownership of the land in question. That controversy ultimately reached this Court in Special Civil Application No. 2601 of 1979, which came to be disposed of by judgment date


























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