ATUL VRAJLAL PANDYA Vs. MAMLATDAR SHREE

JUDGEMENT

(1.) RULE. Service of rule is waives by Mr. Nikhilesh J Shah, learned advocate for Respondent no. 1, Mr. BY Mankad, learned advocate for respondent no. 2, Mr. Sunit Shah, Ld. GP for Respondent no. 3 and 4, Nirad D Buch, learned advocate for Respondent (s) : 6.

(2.) THE civil application is an offshoot of writ petition being Special Civil Application No. 7468 of 2005 which came to be disposed of on 9/8/2005 by Division Bench of this Court. In the present proceedings taken up by the petitioner, after disposal of the above Special Civil Application, this Court is called upon to render a decision on illegal action of the then Chief Officer of Municipality and the Municipality itself in demolishing the pucca structure of one storey building occupied by the petitioner since 1995 upon a lease agreement entered into between the petitioner and Municipality in exercise of powers vested in Municipality under the Gujarat Municipalities Act and demolishing the same without following any procedure of law.

(3.) IT will be necessary to give short facts for which the controversy is raised in different proceedings after disposal of main writ petition :