BHARGAV D.KARIA
Bhaji Pav Thru . Proprietor Satish Nekram Patel – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
JUDGMENT :
1. By this petition under Articles 19(1)(g), 21 and 226 of the Constitution of India, the petitioners have prayed for the following reliefs :
(b) This Hon'ble Court be pleased to declare the action of the respondents of evicting the petitioners from their place of business from where they are running their business since last more than 40 years and the action of seizure of the belongings of the petitioners as illegal, violative of provisions of the Act of 2014, the Scheme framed thereunder, the Bombay Provincial Municipal Corporation Act, etc. and further be pleased to declare the same as null and void.
(c) The Hon'ble Court be pleased to issue a writ of mandamus or prohibition or in the nature of mandamus or prohibition or any other appropriate writ, order or direction, restraining the respondents from creating any hurdles, obstruction, objections etc. through its employees, agents, officers etc. for the petitioners to carry out and run their business of eatery from the place from where they were running their business since last more than 40 years.
(d) This Hon'ble Court be pleased to issue a writ of mandamus or in
Devendra Jashubhai Raval v. Ahmedabad Municipal Corporation reported in 2001 (2) GLH 414
Bombay Hawkers’ Union vs. Bombay Municipal Corporation (1985) 3 SCC 528
Olga Tellis vs. Bombay Municipal Corporation (1985) 3 SCC 545
Sodan Singh vs. New Delhi Municipal Committee (1989) 4 SCC 155
Maharashtra Ekta Hawkers Union vs. Municipal Corporation
Maharashtra Ekta Hawkers Union vs. Municipal Corporation
Gainda Ram vs. Municipal Corporation of Delhi (2010) 10 SCC 715
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