MOHANBHAI TAPUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioners under articles 14, 19, 21, 226 and 227 of the Constitution of India as well as under the provision of Code of Civil Procedure 1908, and also under the provisions of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 challenging the order passed below Exh. 6 and 54 in Regular Civil Appeal No. 20 of 2009 for the prayers inter alia that appropriate writ, order and direction may be issued for quashing and setting aside the order passed below Exh. 6 and 54 in Regular Civil Appeal No. 20 of 2009 and also further direction that the respondent-Jamnagar Municipal Corporation may be directed to restore Suit Property granting status quo.

(2.) Heard learned advocate Shri Darshan Dave.

(3.) Learned advocate, Shri Dave has referred to the background of the facts and tried to submit that the petitioner is in possession of the land since long. He has been emphasised the provisions of Section 478 of BPMC Act are applicable and provisions of Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 would be applicable therefore the present application may be allowed.