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2023 Supreme(Guj) 466

ARAVIND KUMAR, ASHUTOSH SHASTRI
Akhil Bhartiya Bhavri Samaj Seva Sangh Trust – Appellant
Versus
Surat Municipal Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR LOGANATHAN DURAI
For the Respondent: MR DHAVAL G NANAVATI

JUDGMENT :

ASHUTOSH SHASTRI, J.

1. By way of this appeal under clause 15 of the Letters Patent Appeal, appellants – original petitioners have challenged the legality and validity of the order dated 24.02.2022 passed by the learned Single Judge in Special Civil Application No. 14240 of 2021.

2. Appellants who are the original writ applicants have come forward in Special Civil Application with a cause that petitioner no. 1 – Trust represented by one of the trustees, is a Trust consisting of members of petitioner Samaj basically engaged in making idols of Hindu God like Ganesha, Durga, Dasha Mata, Kali Mata etc., and it is an old age traditional occupation of them since their forefather. It is contended that members of the petitioner – Trust started facing difficulties from the respondent Surat Municipal Corporation (for short “SMC”) on account of development work which has been carried out in the City of Surat and on account of such hardship being faced by the members, Bavri Samaj community approached the Human Rights Commission initially to redress their grievance basically for allotment of houses to Bavri samaj people who are living on footpath, open canal and khadi area and also at p

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