KINSFOLK INFRA ENGINEERING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner challenges the alleged illegal action of respondent no.2- Tourism Corporation of Gujarat Limited (TCGL) for taking forceful possession of the Visama (presently known as Hotel White Feather) at Saputara on 25.06.2020 and also appointing the manager for running the hotel. This, according to the petitioner, is without issuance of notice or without affording any opportunity of hearing and in gross violation of principles of natural justice. As averred by the Petitioner, any gross violation of principles of natural justice would entitle the party to approach this Court seeking writ of mandamus or any other appropriate writ under Article 226 of the Constitution of India.

(2.) The prayers sought for are as follows: -

(3.) We have heard learned advocate Mr. Mehul Shah appearing for the petitioners who has taken us through the chronological events which have taken place right from the issuance of the tender notice till the taking over of the possession by the respondent no. 2 of 'Visamo'. He has fervently urged that with difficulties, in this Pandemic of COVID-19, businesses are permitted to be started and the petitioner also had some bookings which were needed to be cancelled and it also has earned the name and fame after spending huge amount as per the terms of contract, therefore, without affording any opportunity, the Petitioner could not have been throw out of his business in arbitrary manner and hence, he fervently urged that the mandatory relief of permitting the petitioner to run the business be granted till the matter is heard and decided , for which, all necessary conditions may be imposed by the Court. He has also substantiated his submissions with his certain authorities.