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2020 Supreme(Guj) 814

BELA M.TRIVEDI
KAMLESHBHAI DALJIBHAI CHAUDHRY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR BM MANGUKIYA, MS BELA A PRAJAPATI
For The Respondent: MS JYOTI BHATT, AGP, MR HS MUNSHAW

JUDGMENT :

1. The petition, filed by the petitioner Dr. Kamleshbhai Daljibhai Chaudhry under Article 226 of the Constitution of India, is directed against the Notices dated 26.8.2020 and 1.9.2020 (Annexures D and E respectively) jointly issued by the respondent Authorities, calling upon the petitioner to remove the encroachments and demolish the illegal constructions made on the land bearing Survey No.87 paiki, situated at the Village Shankheshwar (hereinafter referred to as the “land in question”).

2. As per the case of the petitioner, he is a doctor by profession and running a dispensary at the Village Shankheshwar. The petitioner has also got registered a trust namely “Margi Foundation”. The petitioner has put up construction of his dispensary in 1200 sq. mtrs., and also carried out other constructions for the benefits of the society on the said land in question. It is further case of the petitioner that on the complaint made by one Kantibhai K. Joshi, the Mamlatdar, Shankheshwar had issued a Notice on 3.7.2020 to the petitioner and one Mr.Thakore Amram Shankherji, calling upon them to vacate the land in question stating inter alia that on the measurement carried out by the office

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