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2022 Supreme(Guj) 990

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Bankabhai Lakhanbhai Bhaiyaji – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mr. Vikram J. Thakor, Mr. Vinod Pandya.
For the Respondent: Mr. K.M. Antani, Assistant Government Pleader/PP, Mr. Harshadray A. Dave, Mr. H.S. Munshaw, Mr. Maulik Nanavati.

JUDGMENT :

Aravind Kumar, J.

1. In this Letters Patent Appeal, order dated 12.7.2018 passed in Special Civil Application No.8803 of 2016 has been challenged.

2. We have heard arguments of Mr. Vikram J. Thakor, learned advocate appearing for the appellants, Mr. K.M. Antani, learned AGP appearing for respondent Nos.1 to 3, Mr. Harshadray A. Dave, learned appearing for respondent No.4, Mr. H.S. Munshaw, learned advocate appearing for respondent No.5 and Mr. Maulik Nanavati, learned advocate appearing for respondent No.6. Perused the case papers.

3. The appellants who were the writ applicants before the learned Single Judge had challenged before the learned Single Judge the order dated 11.4.2016 passed by the Mamlatdar – Executive Magistrate – respondent No.2 who had directed the petitioners to remove the cabins situated in the land bearing Block / Survey No.90/1 paiki 1 and also the notice dated 23.5.2016 issued by the National Highway Authority, Sub-Division No.3 – respondent No.3 directing the removal of the cabins pursuant to the order passed by the Mamlatdar. It was the specific case of the writ applicants that they are residents of Village: Khambhaliya and had put up cabins on the ro

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