K.M. Thaker, J.

1. Heard Mr. S.P. Majmudar, learned advocate for the petitioner and Mr. Manan Mehta, learned AGP. Mr. M.D. Pandya, learned advocate for respondent No. 2 is not present and Mr. Nilesh Pandya, learned advocate for the respondent No. 3 is also not present. Ms. Nair, learned advocate has appeared for newly added respondent No. 5.

2. In present petition the petitioner has prayed, inter-alia, that:-

"32 (A) The Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring that the instructions contained in the communication dated 5.2.2001 addressed by the Collector, Baroda to the Municipal Commissioner, Baroda Municipal Corporation at Annexure-L hereto do not apply to the land in question and, therefore, the respondent corporation is under an obligation to sanction the plans submitted by the petitioner ignoring the said instructions.

(B) The Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing respondent No. 4 herein to inform respondent No. 3 herein that the instructions contained in the communication at Annexure-L hereto do not apply to the