SWETA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner challenges action of respondent Nos. 2 to 4 as being illegal, without any authority of law and unwarranted of facts. In the petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

(2.) Mr.K.S.Nanavati, learned Senior Advocate appearing on behalf of the petitioner has withdrawn the challenge raised vide prayer clause 21(A) and hence the matter is now required to be decided only on the limited ground as to whether letter dated 5th October,2004 (Annexure-E) and notice of demand dated 19th November,2004 (Annexure-F) could have been issued by respondent Nos. 4 and 3 respectively.

(3.) A brief resume of the facts. It appears that one M/s.Divya Prints Pvt.Ltd. (Divya) was allotted and in possession of plot of land bearing No. 268/3, Road No.2, GIDC Industrial Estate, Sachin, District Surat. The Regional Manager, GIDC, Surat, passed order on 29th February,2000 directing to take back possesion from Divya of plot no.268/3 under the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act,1972. In pursuance of the said letter GIDC took over possession on 4th January,2001.