Rambhai Matambhai Bharwad vs State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 184

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Rambhai Matambhai Bharwad – Appellant
Versus
State of Gujarat – Respondent

Advocates Appeared:
For the Petitioner: Ms. Niyati K. Shah.
For the Respondent: Mr. K.M. Antani Assistant Government Pleader, Mr. Anuj K. Trivedi.

JUDGMENT :

Ashutosh J. Shastri, J.

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

“12(A) This Hon’ble Court may kindly be pleased to issue a writ of mandamus, or any other appropriate writ, order and/or directions in the nature of mandamus declaring that the retention of temporary possession and occupation of the Petitioner’s land in question by the respondent no. 2 company for the construction of metro pillars, beyond the period of 28.02.2019 without payment of agreed rent is absolutely illegal, unlawful and without any justification and in any case, this Hon’ble Court be further pleased to declare that despite the fact that possession and occupation of Petitioner’s land was retained by the respondent no. 2 company upto 31.12.2019, the further payment made only upto 31.05.2019 is without any authority of law and hence the petitioner’s are entitled to agreed rent upto 31.12.2019;

This Hon’ble Court may kindly be pleased to issue a writ of mandamus, or any other appropriate writ, order and/or directions in the nature of mandamus directing the respondent no. 2 company to make the payment at the rate of Rs.1