BHADURALI KASAMALI JIVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking to quash and set aside the Notice dtd. 4/6/2025 at Annexure "C" (Page-37) and subsequent seal put on 10/7/2025 over the shops of petitioners, situated at Final T.P. Scheme No.3 (Katargam), Final Plot No.262, Municipal Ward No.15-D, Patel Faliyo, Gotala Wadi, Katargam, Surat, (herein after referred as 'building in question').

(2.) Heard learned advocate Ms.Kruti Shah for the petitioners, learned Assistant Government Pleader Mr.Sahil Trivedi for respondent No.1 and learned advocate Mr.Kaushal Pandya for respondent Nos.2 and 3.

(3.) Learned advocate Ms.Kruti Shah for the petitioners submitted that the petitioners are tenants and occupiers of the shops on ground floor of the building situated at Final T.P. Scheme No.3 (Katargam), Final Plot No.262, Municipal Ward No.15-D, Patel Faliyo, Gotala Wadi, Katargam, Surat (hereinafter referred to as 'building in question'). All the petitioners are tenants and occupiers of the shops and running their small businesses in the building in question. For their tenancy rights, they have entered into rent agreement with the original owners and at present some dispute going is ongoing in relation to their tenancy rights with the owners. However, without putting the petitioners to any notice, the petitioners' premises were sealed on the ground of its dilapidated condition. This high-handed action of respondent-corporation, of sealing the shops was without having any report of structural engineer, which has resulted into closing of businesses of petitioners, creating economic death.