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2022 Supreme(Guj) 1316

A. P. THAKER
Bhagchandbhai Mulchandbhai Khatri – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shalin Mehta, with Aditi S. Raol, Mr. Jitendra M. Patel.
For the Respondents: Mr. Meet Thakkar, Mr. Jinesh H. Kapadia, Mr. Mehul H. Rathod, Mr. Nirav K. Padhiyar.

JUDGMENT :

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

    “5. The petitioner is having no other adequate remedy, approaches to Your Lordships and prays that a writ of mandamus or a writ of certiorari and/ or any other appropriate writ, order or direction may kindly be issued under Article 226 of the Constitution of India:

A. To quash and set aside the Resolution No. 296 dated 30.1.2017 passed by the Deesa Nagar Palika (respondent No.3) in its General Board Meeting (Annexure A) and further restrain the Nagar Palika from taking such action contrary to the sanctioned draft development plan of the State Government as per Notification dated 7.1.2016 (Annexure-H);

B. Be pleased to direct the Collector, Banaskantha to reconsider his application for aforesaid land bearing Survey Nos. 103 and 104 for non-agricultural residential use as all the Authorities below have recommended to sanction such plan and pass necessary order after giving opportunity of hearing to the petitioner;

C. Be pleased to pass such other and further orders as may be deemed fit in the interest of justice;

D. Be pleased to quash and se

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