JUDGMENT :

Sandeep N. Bhatt, J.

1. Today, the present petition is heard for final disposal as agreed by learned advocates appearing for the respective parties. The present petition is filed by the petitioners seeking for following prayers:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent-Corporation, its officers, servants, agents not to demolish further the properties of the petitioners and also further be pleased to direct the respondent Corporation to decide the representations dated 24.09.2012 and 09.04.2015 [at ANNEXURE-Q and ANNEXURE-R hereto] and pass reasoned order thereon and decide its notices dated 01.05.2015 [at ANNEXURE-T (Colly) hereto] after giving proper opportunity of hearing to the petitioners.

(AA) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside orders dated 04.05.2015 passed by the respondent Corporation [at ANNEXURE-X (Colly) hereto], as far as it relates to plots/lands where the properties of the petitioners are situated.

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondent-Corporation to maintain status-quo with respect to the properties in question of the petitioners.

(BB) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay further operation, implementation and execution of orders dated 04.05.2015 passed by the respondent-Corporation [at ANNEXURE-X (Colly) hereto], as far as it relates to plots/lands where the properties of the petitioners are situated.

(C) xxx xxx xxx.”

2. The brief facts of the present case are as under:

2.1 The petitioners are residing at the addresses mentioned in the cause-title of the present petition in Pandeynagar Society, which is situated at Block No. 505, Village Dindoli, Tal. Choryasi, Dist. Surat. Some of the petitioners (except petitioner Nos.1, 2, 6 and 13) do not have the sale deeds in their favour, however, they have the possession receipts and agreements entered into by the society in their favour. In exercise of powers under Section 17 of the Act, the State Government had, by Notification No. GH/V/100 of 2004 dated 02.09.2004, Sanctioned the development plan for Block No. 505. As per the said plan, it is quite clear that only a very minor portion about 8 mtr. of the road of 45 mtrs. passes from the land at Block No. 505 and the said sanctioned development plan is maintained, the houses of the petitioners would not be required to be demolished. Earlier one Shri Bhikhabhai Patel had preferred a writ petition before this Hon'ble Court being Special Civil Application No. 1193 of 2008 seeking a relief that the respondents may not deviate from the sanctioned development plan. The said petition, an affidavit was filed by SUDA stating that the State Government has sanctioned the revised development plan on 02.09.2004, after following due procedure laid down under the Act and thereafter no modification qua 45 mtrs. wide T.P. Road is made by SUDA or the State Government. In view of the said affidavit and further in view of a letter dated 24.03.2008, written by SUDA to said Shri Bhikhabhai Patel, the cause of action for filing the said petition did not survive since it was accepted by SUDA that they are not going to deviate from the above referred development plan. Hence, in view of letter dated 24.03.2008 the said writ petition was withdrawn. The petitioners therefore, were all along under the impression that the respondent authorities would not deviate from the abovementioned development plan that as such, the petitioners were not the part of the above referred writ petition, however, they have learnt the said fact, after inquiring from Shri Bhikhabhai Patel, who were the petitioners in the above-referred writ petition. It