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2025 Supreme(GUJ) 423

HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
VITTHALBHAI KHUSHALBHAI PATEL THROUGH ADMINISTRATOR PUREN UPENDRABHAI PATEL – Appellant
Versus
THE STATE OF GUJARAT – Respondent


Petitioner Advocates:MR NIRAV C THAKKAR(2206) ,Respondent Advocate: GOVERNMENT PLEADER(1)

ORDER :

SUNITA AGARWAL, C.J.

Heard the learned counsels for the parties and perused the record.

2. We may note that there is no dispute about the fact that the occupants of the building known as Sardar Bhuvan Complex situated besides Sardar Statue on the Station road, Nadiad, have been occupying small shops (40 in numbers) for a long time and have been paying the lease rent to the then Nadiad Nagarpalika. The then Nadiad Nagarpalika has been converted into the Nadiad Municipal Corporation with effect from 01.01.2025. Mr. Mehul Shah, the learned advocate for the Corporation has provided a chart showing the date of expiry of the lease of the shops as also the date upto which the rent had been paid by the occupants.

3. The appellants/original petitioners herein are 15 in number. It is the specific case of the petitioners in the writ petition that they had paid lease rent for occupying the shops by them uptil the year 2022, and after the year 2022 the officers of the Nadiad Nagarpalika have refused to receive the rent. The contention in the writ petition is that the petitioners are running their small businesses from the shops-in-question which are the only source of their livelihood. They

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