Gujarat High Court
Bhadrak Rameshchandra Nagarseth vs Municipal Commissioner on 5 October, 2021
Bench: Ashutosh J. Shastri
C/SCA/8244/2021 ORDER DATED: 05/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8244 of 2021
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BHADRAK RAMESHCHANDRA NAGARSETH
Versus
MUNICIPAL COMMISSIONER
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Appearance:
MR NM KAPADIA(394) for the Petitioner(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,3,4,5,6,7,8
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 05/10/2021
ORAL ORDER
1. By way of this petition under Article 226 of the
Constitution of India, the petitioner has sought for the following
reliefs :-
"A. YOUR LORDSHIPS be pleased to issue a writ of
mandamus of any other appropriate writ, order or direction,
directing the respondent Nos.1 to 4 to remove the illegal
construction from the Nondh No. 619, 620, 1183(b) of ward
no.11, Surat within certain stipulated time; with the help of
respondents no.5, 6 and be further pleased to implement the
notice dated 13.12.2018 issued by the respondent no.2. The
notice dtd. 9.9.2020 issued by the Resp No.4 and the notice
dtd 12.10.2020 issued by the Respondent No.2.
B. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the respondent
Nos.1 to 4 to remove the obstruction on Public streets, to
restore the drainage line and streetlight cables, as stated in
representation dated 25.11.2020 at Annexure - L.
C. YOUR LORDSHIPS be pleased to issue a writ of
mandamus or any other appropriate writ order or direction
directing respondent No.6 to initiate appropriate penal
action including disciplinary action against the erring
officers and making them personally responsible for gross
defiance, violation of binding judgments, settled legal
position, in breach of statutory duties.
C/SCA/8244/2021 ORDER DATED: 05/10/2021
D. Cost of this petition be awarded with liberty to
the respondent no.1 to recover the same from the
respondent no.2 to 3.
E. Any other appropriate relief deemed just, fit
and proper looking to the facts and circumstances of the
case, may pleased be granted;
F. Cost of this petition be kindly awarded.
G. That pending the hearing and final disposal of
the petition YOUR LORDSHIPS be pleased to direct the
implementation of notice dated 09-09-2020 by the
respondent No.4, the Deputy Municipal commissioner,
Central Zone, SMC, and be pleased to restrain the private
respondent and his transferees, assignees from occupying
the property in question i. e. ward no.11, Nondh No. 619,
620, 1183/B;
H. That pending the hearing and final disposal of
the petition YOUR LORDSHIPS be pleased to restrain the
private respondent and his transferees, assignees from
undertaking any further construction upon the property in
question i. e. ward no.11, Nondh No.619, 620, 1183/B;"
2. During the passage of time, it is reported before the
Court by learned advocates appearing for the respective parties
that the demolition has already been undertaken and it is in
process and at the verge of conclusion. Hence, under this set of
circumstances, learned advocate for the petitioner, under the
instructions, seeks permission to withdraw the petition, however
with a liberty to apply again in case of difficulty.
3. Permission is granted. The petition accordingly stands
disposed of, as withdrawn.
(ASHUTOSH J. SHASTRI, J)
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