SUSHMABEN PRAKASHCHANDRA PUNJABI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment is granted. To be carried out forthwith.

(2.) By this petition under Article 226 of the Constitution of India, when the petition was initially filed, the prayer of the petitioner read as under:

(3.) The case of the petitioner-Sushmaben Prakashchandra Punjabi in the petition was that the father-in-law of the petitioner late Vaishakhimal Punjabi had taken the shop on rent from the respondent no. 2-District Panchayat, Vadodara, which was located near Damajirao Dharamshala, opposite railway station, Vadodara. A small restaurant in the name of Shere-Punjab was started. The license was produced. The father in law of the petitioner died on 5/8/1975 and the tenancy rights were transferred in the name of the petitioner's husband Mr. Prakashchandra Vaishakhimal Punjabi. On the death of the petitioner's husband on 5/3/2005, the petitioner applied for becoming a tenant of shop vide application dtd. 1/11/2006. A resolution was passed and by resolution no. 65, the petitioner was declared as tenant of the shop. The petitioner had necessary permissions to run the restaurant. The cause of approaching the Court in the year 2017 was the notices issued by the Vadodara Municipal Corporation on 11/5/2017 under Sec. 264 of the Gujarat Provincial Municipal Corporation Act opining that the rented premises were in dilapidated condition and therefore need to be demolished. The notice also stated that a cost certificate under Sec. 10D(4) of the Rent Act would be given and permission to repair the same also would be furnished. It is in this context that the petitioner made prayer which is referred to herein above.