Vipul M. Pancholi, J.

This appeal, which is filed under Clause 15 of Letters Patent, is directed against the judgment dated 23.08.2018 passed by the learned Single Judge in Special Civil Application No. 3358 of 2018, by which, the learned Single Judge has dismissed the petition.

2. Brief facts leading to filing of the present appeal are as under:

2.1. Petitioner society is a registered Cooperative Housing Society under the provisions of the Gujarat Cooperative Societies Act. It was registered on 11.05.1967 before the District Registrar, Bhavnagar. The petitioner society had purchased non-agriculture land situated at Revenue Survey No.76 of village: Tarsamiya, Taluka: Bhavnagar by a registered sale deed in the year 1971. Initially there were 56 residential plots on the said land. Lay-out plans etc. were sanctioned by the respondent authorities. As per the said plan, the petitioner society kept common plot as per the rules and regulations prevailing at the relevant time. The said plots were sold to its members by executing different sale deeds. Thereafter the petitioner society has proposed to allot two more plots i.e. plot Nos. 57 and 58 and therefore necessary sanction was obtained from the concerned authority. Plot Nos. 57 and 58 are divided in 8 sub-plots and such sub-plotting was also sanctioned by the concerned authority. Said 8 plots were also sold to 8 different owners who have thereafter constructed residential houses.

2.2. It is the case of the petitioner that there is one common plot situated in the middle of the society which is adjacent to original plot Nos. 12 and 25 and the same is being used for social and other functions by the members of the society. The society is also having excess land in different parts of the society.

2.3. It is further stated that respondent no.1 was of the intention to prepare Town Planning Scheme No.12 and therefore the said scheme was sanctioned by Notification dated 10.08.1998. It is alleged that though the petitioner was affected by the said Town Planning Scheme, hearing was not given to the society before sanctioning the Town Planning Scheme. It is stated that the Government has sanctioned the Town Planning Scheme on 04.03.2014 by which Ring Road having width of 45 meters was sanctioned on 8 plots of original plot Nos. 57 and 58. As per the said scheme, out of said 8 plot holders, 4 members have been allotted land on common plot of the society, whereas other four members have been allotted land on the internal road of the society. It is, therefore, alleged that the action of the respondent authority in allotting the land to 4 members on the common plot of the society is illegal and therefore the petitioner filed the captioned petition in which the petitioner had prayed for the following relief’s:

"(a) A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India may kindly be issued quashing and setting aside the notification dated 04.03.2014 issued by respondent authorities (Annexure-E to the petition) as the same being illegal, arbitrary and irrational, being violative of Articles 14 and 19 of the Constitution of India so far as it provides for reducing the area of common plot of petitioner society and demolition of eight houses of members of society wherein the members are residing with their family members since more than two decades.

(b) A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India may kindly be issued restraining the respondents from allotting society's common plot to private respondents.

(c) to issue appropriate writ, order or direction to respondent no.1 and 2 to consider the opinion of respondent no.3 Town planning Officer dated 04.08.2010 and to accept the suggestion of respondent no.3 and to vary or modify the Town Planning Scheme No.12 of Bhavnagar accordingly;

(d) Pending admis