CHAVDA RUSTAMBHAI USMANBHAI Vs. D. K. PAREKH

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India, the writ applicants has approached this Court for the following reliefs.

(2.) The present petition was listed on 20/4/2023 for hearing. Considering the fact that it pertains to demolition of property, this Court had requested learned advocate Mr.H.S. Munshaw who normally appears for respondent No.3 to take instructions on advance copy. So as to enable him to take instructions, the petition was adjourned to today.

(3.) Today when the petition was called out, learned advocate Mr.Munshaw has placed on record written communication dtd. 21/4/2023 of the Estate Officer, Estate Department, Bhavnagar Mahanagarpalika, stating inter alia that at present there is no procedure under contemplation for removing any encroachment from Revenue Survey No.447/1. In the said communication, in clear terms, it has been stated that in case if the process for demolition of illegal residential premises will be undertaken, the same will be after following due process of law including issuance of notice to the concerned property holders. The said communication dtd. 21/4/2023 is taken on record.