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2022 Supreme(Guj) 538

A.Y.KOGJE
Madrasa-E-Anware Rabbani Waqf Committee – Appellant
Versus
Surat Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mtm Hakim with M/s. Makbul I. Mansuri, Ms. Sabina M. Mansuri.
For the Respondent: Mr. Kaushal D. Pandya.

ORDER :

1. This petition under Article 226 of the Constitution of India is filed with following prayers:-

    “(A) THIS HON’BLE COURT MAY BE PLEASED TO quash and set aside the impugned notice dated 29/12.2021 (Annexure-A) and the order dated 28/03/2022 (Annexure-B) passed by the Respondent No.2-Executive Engineer.

(B) THIS HON’BLE COURT MAY BE PLEASED TO direct the Respondent Nos.1 and 2 to consider the request for regularization of the construction of the premises of the Petitioner-Waqf.

(C) Pending admission, hearing, and final disposal of the present application, this HON’BLE COURT MAY BE PLEASED TO stay, execution, and implementation of the impugned notice dated 29/12/2021 and the order dated 28/03/2022 passed by the Respondent No.2-Executive Engineer, in the interest of justice and equity.

(D) Pending admission, hearing, and final disposal of the present application, this HON’BLE COURT MAY BE PLEASED TO direct the Respondent Nos.1 and 2 to consider the request for regularization of the construction of the premises of the Petitioner-Waqf.”

2. It is a case where notice under Section 260(1)(a) of the Gujarat Provincial Municipal Corporations Act, 1949 (for short, “the GMPC Act”) dated 29.1

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