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2021 Supreme(Guj) 1186

BIREN VAISHNAV
GURUMUKHDAS BHAGAMAL RAMCHANDANI - SHOP NO - 44 & 60 – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR MEHULSHARAD SHAH
For The Respondent: MR.MEET THAKKAR, AGP, MR MEHUL H RATHOD

JUDGMENT :

1. Heard Mr.Mehul Sharad Shah learned advocate for the petitioners in Special Civil Application No.8864 of 2016, Mr.Dev D. Patel learned advocate for the petitioner in Special Civil Application No.9356 of 2016.

2. In both these petitions under Article 226 of the Constitution of India, the prayers of the petitioners are similar/identical in nature. For the purposes of brevity, prayers as well as facts of Special Civil Application No.8864 of 2016 are discussed.

3. The prayers read as under:

    “(A) to issue a writ of mandamus or any other appropriate writ, order or direction, quashing and setting aside the notice dated 27.05.2016 (served on 30.05.2016) issued by respondent No.2 herein (Annexure-A) and thereby restrain the Nagarpalika from terminating the tenancy rights of the petitioners and from removing the petitioners from their lawful possession of the shops in question.

(B) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to stay the execution, implementation and operation of the notices dated 27.05.2016 (served on 30.05.2016) issued by the Nagarpalika – respondent No.2 and thereby restrain the Nagarpalika from taking any coercive s

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