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2021 Supreme(Guj) 947

ASHUTOSH J.SHASTRI
FARUK ABDUL KADARBHAI MEMON – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : For the Appellant : MR. EKRAMA H QURESHI
For the Respondent: DS AFF.NOT FILED, MR NISHA M THAKORE, MR DEEP D VYAS

JUDGMENT :

ASHUTOSH J. SHASTRI, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

    A. Be pleased to issue the writ of mandamus, writ in the nature of mandamus or any other appropriate writ order or direction restraining the respondents, specially the respondent no 2 from taking any coercive and arbitrary action against the building site of the present petitioner situated in city survey nos. 2679, 2680, 2681 and 2722/A/3 in Raikhad Ward of the Ahmedabad city, without following the procedure prescribed under Chapter 15 of the Gujarat Provincial Municipal Corporation Act 1949 and principles of natural justice.

B. Pending hearing and final disposal of the present petition the respondent no 2 may be directed not to take any coercive steps against the property of the petitioner situated in city survey. nos. 2679, 2680,2681 and 2722/A/3 in Raikhad Ward of the Ahmedabad city.

C. Any other and further relief in the interest of justice may kindly be granted.

2. The case of the petitioner is that the petitioner is car

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