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2021 Supreme(Guj) 859

R.M.CHHAYA, BIREN VAISHNAV
SADDAMHUSSAIN ANVARBHAI CHAUHAN – Appellant
Versus
LETTERS PATENT APPEAL NO. 813 of 2021 In SPECIAL CIVIL PPLICATION NO. 14575 of 2020THE VADODARA MUNICIPAL CORPORATION – Respondent


ORDER :

(R.M.CHHAYA, J.)

1. Heard learned party-in-person.

2. Feeling aggrieved and dissatisfied by the order dated 2.3.2021 passed by the learned Single Judge (Coram: Nirzar S. Desai, J.), the learned party-in-person has preferred this intra-Court appeal under Clause 15 of the Letters Patent.

3. Following facts emerge from the record of the appeal:-

The appellant preferred a Writ Petition under Article 226 of the Constitution of India and prayed as under:-

    “(B) Allow this petition by directing the respondent to allot separate residential dwelling units the petitioner in Kalyannagar area, wherein, the petitioner are having their prime right to be rehabilitated in view of in situ policy.

(C) Grant the interim relief by restraining the respondent from making any draw for the allotment of the residential premises for the remaining 94 residential dwelling units which are vacant in the Kalyannagar area.”

It is the case of the petitioner that he is son of one Salmaben Anvar Chauhan and Anvar Jashbhai Chauhan who were occupiers of a dwelling unit in Kalyannagar slum, situated within the local limits of Vadodara Municipal Corporation. It is a matter of record that the respondent-Corporation came

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