ORDER :

1. By way of filing the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(a) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, directing the respondent to have over the vacant and peaceful possession of final plot number 385 of town planning scheme no.6 bearing city survey no. 1579/10 admeasuring 862.square meters of ward Khatodara, Surat to the petitioner herein;

(b) pending the admission, hearing and final disposal of the petition, YOUR LORDSHIPS be pleased to direct the respondent to maintain status quo qua the land in question;

(c) any other and further relief deemed just and proper be granted in the interest of justice;

2. The brief facts giving rise to the present petition are as under:

2.1 The petitioner is the owner of the survey No. 262, Final Plot No. 385 in T.P. Scheme No.6 (Majura-Khatodara). It is contended that in the year 1978-79, the respondent published Draft Development Scheme whereupon the Town Planning Officer vide its letter dated 15.10.1979 forwarded the preliminary scheme plan, showing the proposed Town Planning and Final Plots allotted to the petitioner and for getting further sanction of the State Government. That the land bearing Survey No. 262 (original survey no) being of occupation and ownership of the petitioner was brought within the area of proposed Town Planning Scheme by respondent authorities and after considering the objections and suggestions received by the area development authority, it has submitted the said Draft Town Planning Scheme to the State Government for sanction under Section 48 of the Gujarat Town Planning and Urban Development Act, 1979 Act and the Rules made therein.

2.2 That the State Government in exercise of power under Section 48 of the Act, sanctioned the said Town Planning Scheme No.6 (Majura-Khatodara) vide Notification dated 27.10.1980. That as per the sanctioned Draft Town Planning Scheme, Original Survey No. 262 owned by the petitioner and other occupiers was admeasuring 9525 sq. mtrs against which it was proposed to allot Final Plot No. 385 admeasuring 8136 sq. mtrs. That after sanction of the Draft Town Planning Scheme, the State Government appointed Town Planning Officer for finalisation of the Draft Town Planning Scheme in exercise of its powers under Section 50(1) of the Act.

2.3 That the Town Planning Officer issued communication dated 2.7.1982 giving details of compensation to be awarded to the owner and occupier for part of property being affected under the Scheme. That thereafter, property tax has been collected in the name of the petitioner and other occupiers and the same has been regularly paid by the petitioner under the bonafide impression that the said plot is lying vacant under his name and his name is reflected in the property card. According to the petitioner, as he was having financial hardship due to Corona, he visited the land in question and to the utter shock of the petitioner, the respondent authorities have parked their vehicles illegally on the plot in question and also placed a security guard who has stated that the land is in possession of the respondent Corporation. The petitioner has contended that he has made several oral requests for allotment of peaceful and vacant possession of the final plot before respondent authority, however he did not get any response and, therefore, has preferred this petition for the aforesaid relief.

3. The affidavit-in-reply came to be filed on behalf of respondent No.2 Corporation by one Mr. Sujalkumar D. Prajapati, Executive Engineer, South Zone (Udhna) (A), Surat Municipal Corporation, Surat at page-26. While endorsing the contention of Draft Scheme and the allotment of Final Plot, as contended by the petitioner, it is submitted that a piece of land bearing original Plot No. 262 admeasuring 9525 sq. mtrs was allotted as Final Plot No. 385 admeasuring 8136 sq. mtrs. It is contended that from the Re-distribution and