ORDER :

1. By way of this petition under Article 226 of the Constitution of India, the petitioners have sought for the following reliefs:-

“A) Your Lordships may be pleased to admit and allow this Petition;

B) Your Lordships may be pleased to issue a writ of Certiorari or writ in the nature of Certiorari or any other appropriate writ, order or direction and be pleased to quash and set aside both the impugned order dated. 11/02/2022 passed by the Commissioner, Municipality Administration State of Gujarat, Gandhinagar, produced at ANNEXURE-A and the impugned order dated 5/1/2021 passed by the Reginal Commissioner, Municipalities, Vadodara, produced ANNEXUREB, cancelling the at Resolution No. 17/15, 17/16 dated 10/6/2020 and Resolution No. 23 passed by the Karjan Nagar Palika and the Notices dated. 18/02/2021 and Notices Dated. 17/2/2022 issued by the Karjan Nagar Palika to both the Petitioners produced Collectively at ANNEXUREC, as being illegal, arbitrary, erroneous, and against the settled provisions of law.

C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the implementation, execution and operation of both the impugned order dated 11/2/2022 passed by the Ld. Commissioner, Municipality Administration State of Gujarat, Gandhinagar, produced at ANNEXURE-A and the impugned order dated 5/1/2021 passed by the Reginal Vadodara, produced cancelling the at ANNEXURE-B, Resolution No. 17/15, 17/16 dated 10/6/2020 and Resolution No. 23 passed by the Karjan Nagar Palika and the Notices dated. 18/02/2021 and Notices Dated. 17/2/2022 issued by the Karjan Nagar Palika to both the Petitioners produced Collectively at ANNEXUREC as being illegal, arbitrary, erroneous, and against the settled provisions of law, in the interest of justice.

D) Your Lordships may be pleased to grant such other and further reliefs that may be deemed fit and proper in the facts and circumstances of the case.”

2. The brief facts of the petitioner’s case is that they made an application for allotment for a piece of land for occupation. That the petitioner no.1 is deserted by her husband and petitioner no.2 is disabled person and they have no source of income. It is contended that the Social Welfare Department, State of Gujarat has made recommendation for allotment of some land to them.

2.1. Pursuant to that, the Karjan Municipality passed a Resolution No.14/15 and 17/16 on 10.06.2020 and allotted open land of Municipality to place cabin in an area admeasuring 10 x 8 feet. It is contended that both the petitioners are separately doing business of hosiery and ready made clothes in the aforesaid space area of cabin. That they have also paid amount to the Municipality for occupation of the piece of land.

2.2. The third party Mr.Shah Vishnubhai Ramanbhai has challenged aforesaid resolutions by way of preferring an appeal under Section 258(1) of the Gujarat Municipalities Act, 1963 (hereinafter referred to as “the Act”) before the Regional Commissioner, Municipalities, Vadodara. That without affording any opportunity of being heard, the Regional Commissioner passed an order dated 05.01.2021 and cancelled the aforesaid resolutions of the Municipality which includes Resolution No.17/15, 17/16 dated 10.06.2020 and Resolution No.23 dated 30.07.2020.

2.3. Being aggrieved and dissatisfied with the impugned order dated 05.01.2021 passed by the learned Regional commissioner, Vadodara the present petitioners preferred an appeal under Section 258(3) of the Gujarat Municipalities Act, 1963 before the Commissioner, Municipality Administration, State of Gujarat, Gandhinagar. The same came to be rejected and the order of Regional Commissioner came to be confirmed on 11.02.2022. Both these order have been challenged by the petitioners by way of this petition mainly on the ground that no opportunity of being heard was properly given to them and the impugned orders are not sustainable in the eyes of law.

3. Heard learned advocate Mr.Mahesh Bhavs