KISHANCHAND HANSRAJ SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition has been filed under Articles 14, 19, 21 and 226 of the Constitution of India, wherein following prayers are made :-

(2.) HOWEVER, learned counsel, Mr.Y.M. Thakkar for the petitioner has fairly stated that notice has been issued by the Court confining to the grievance with regard to width of the road i.e. as prayed for in Prayer (B) of the petition. In the present petition, affidavit-in-reply is filed by the respondent no.3-Executive Engineer, Dahod District Panchayat, Roads & Building Division, which is at Page No.33 and sur-rejoinder is filed by the petitioner, which is at Page No.43.

(3.) MAIN emphasis of the learned counsel, Mr.Thakkar is with regard to width of the approach of the road, for that also, in the said affidavit in Para No.4, there is discussion as to how the width of the road is decided. In para No.3 of the reply affidavit, it has been specifically stated that it is his private interest and no inconvenience or hardship is caused to anyone but only for a personal again, he has approached the High Court with the prayer. It is specifically stated in Para No.3 of the reply affidavit that :- "The Respnt. No.3 submits that so far as the petitioner is concerned, he is a businessman and having factory in the residential area and is not at all caused any inconvenience or hardship but for some personal gain has approached this Hon'ble Court with a prayer to intervene."