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2017 Supreme(Guj) 870

C.L.SONI
Vagha Bhachu Chhanga – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Prashant Desai, Senior Advocate for C.B. Dastoor, Advocate
For the Respondent: Swapneshwar Goutam, A.G.P.

JUDGMENT :

C.L. Soni, J.

1. In all these petitions filed under Article 226 of the Constitution, the petitioners have challenged the orders dated 11.02.2015 individually issued to them by respondent No. 2 - Chief Officer, Gandhidham Municipality asking them to remove their cabins - unauthorized encroachments within seven days failing which as stated in the impugned orders, their cabins/encroachments shall be removed at their risk and cost.

2. The case of the petitioners, in brief, is that they have been doing their business in their cabins at Jhanda Chowk, Gandhidham for last more than ten years under the licences granted by Municipality which have been renewed from time to time and lastly renewed upto December 2015. It is the case of the petitioners that they have not violated any conditions of licences issued to them, however, under the political pressure, respondent No. 3 - Collector issued direction to respondent No. 2 to remove their cabins. The petitioners have further stated that under the political dictates respondent No. 2 issued impugned orders without hearing them and in violation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Ce






















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