ISHWARBHAI GANESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Harshadray A. Dave for the petitioner and as learned advocate Mr. Kaushal Pandya was instructed by the Court to accept the advance copy of the petition on behalf of the Surat Municipal Corporation, learned advocate Mr. Kaushal Pandya has taken instructions and he was heard on behalf of the respondent - Surat Municipal Corporation and its officer i.e. respondent no. 3 and 4.

(2.) By way of this petition, the petitioner has challenged the notice dtd. 18/1/2023 given to the petitioner as per Sec. 68 r/w Rule 33 of the Gujarat Town Planning and Urban Development Act .

(3.) Learned advocate Mr. Kaushal Pandya appearing as per the direction of this Court upon advance copy of the petition has received the instruction from the Executive Engineer, South Zone (Udhana) Surat Municipal Corporation through communication dtd. 9/3/2023 which is a letter addressed to learned advocate Mr. Pandya wherein it is stated that appropriate proceedings under Sec. 68 r/w Rule 33 of the Act would be undertaken by the Corporation and thereafter, only possession would be taken over from the petitioner.