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2022 Supreme(Guj) 1197

A. P. THAKER
Yogesh Shivlalbhai Thumar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.R. Desai, Mr. S.P. Majmudar.
For the Respondent: Mr. Meet Thakkar, AGP, Mr. Kaushal D. Pandya.

JUDGMENT :

1. By way of present petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

    “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 authorities to forthwith implement Town Planning Scheme No.15 (Fulpada), Surat, as far as construction of 12 mtrs road adjacent to Final Plot No.81 is concerned, and further be pleased to direct the respondent – Corporation not to make any variation, which reduces the width of the road from 12 mtrs. To 9 mtrs;

AA. YOUR LORDSHIPS may be please to issue writ of mandamus or a writ in nature of mandamus and/ or any other appropriate writ, order or directions quashing and setting aside then impugned notification dated 30.12.2021 passed by respondent no.1 as the same is contrary to the provisions of the Gujarat Town Planning and Urban Development Act and Rule.

B. 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 the impugned resolution dated 28.02.2019 passe

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