DHARMESHKUMAR CHAMPAKBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions under Article 226 of the Constitution of India have been filed almost on similar issue and as such, upon request of learned advocates appearing in both these matters, hearing was opened up conjointly and as such, the petitions are being disposed of by present common order by treating Special Civil Application No. 12870 of 2020 as a lead matter and for the sake of convenience, the facts are taken from lead matter.

(2.) Special Civil Application No. 12870 of 2020 is filed by two petitioners challenging issuance of notice dtd. 21/9/2020 issued by the respondent - Gram Panchayat Buhari, and as a consequence thereof, a request is made to maintain status-quo. The premise on which the petitioners have approached this Court is that petitioner no. 1 is selling 'Vegetables' sitting in Bazar Faliya at the place in question since about 40-50 years, whereas petitioner no. 2 is selling 'Pan masala' from the lorry (Lari) in the same area, which is also situated in Bazar Faliya. The whole market is running from this area and there are many more persons who are carrying their livelihood by running small business since years together. The petitioners are also paying charges for sitting and selling the articles to the Gram Panchayat, Buhari. However, petitioner no. 1 received notice from the respondent - Gram Panchayat by indicating to vacate the unauthorized encroachment within a period of seven days and this notice impugned in the petition dtd. 21/9/2020 appears to be on the basis of one complaint filed by Mrs. Premilaben Narendrakumar Shah, resident of Village Buhari. As these businesses are going on in front of her house since long and on account this placement of lorry (Lari) carrying on business, anti social elements are creating problems and on the basis of this impugned notice, petitioner no. 1 was sought to be removed, whereas petitioner no. 2 on the similar line was to be dealt with, but at the relevant point of time, could not receive the notice, and upon apprehension has immediately approached this Court along with petitioner no. 1 as the very said action was sought to be initiated. In the aforesaid petition, notice was issued by an order dtd. 23/10/2020, which reads as under :-

(3.) So far as petitioner in Special Civil Application No. 2332 of 2021 is concerned, this petition is filed under Article 226 of the Constitution of India by Mrs. Premilaben Narendrakumar Shah who objected to the sitting of the petitioners along with other persons and has submitted that though orders have been passed on 1/10/2020, 14.102.202 and 20/10/2020, by respondent no. 3 - District Development Officer, but the same under one pretext or the other have not been implemented and, therefore, for enforcement of such orders, prayers have been made in the petition, which ultimately results into removal of the petitioners of the lead matter along with other persons. The said petition came up for consideration before the Court on 8/2/2021 and looking to the similarity of facts and the ultimate outcome which may take place, the Court was pleased to issue notice and ordered to place this matter along with the aforesaid lead matter and with the aforesaid background, both these petitions today have come up for consideration before this Court, in which learned advocates appearing in the respective petitions of both the sides have requested the Court to take up the matter conjointly and accordingly the hearing has taken place.