HIRALAL CHHAGANLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP Ms.Asmita Patel waives service of Rule on behalf of respondent No.1, learned Advocate Mr.H.S.Munshaw waives service of Rule on behalf of respondent No.2, learned Advocate Mr.M.B.Gandhi waives service of Rule on behalf of respondent No.4 and learned Advocate Mr.Mayur Rajguru waives service of Rule on behalf of respondent Nos.5 to 11.

(2.) This petition under Article 226 of the Constitution of India is filed for setting a side the order dated 09.05.2016 bearing No.GIDC/PRME/Bhavan/2194 by the Regional Manager, GIDC, Bhavnagar. The petition also prays for direction to declare the action of the respondents, more particularly Nos.2 and 3 of closing entrance of the property of the petitioner by constructing a brick wall being without jurisdiction and authority of law and remove the same.

(3.) It is the case of the petitioner that the petitioner is lawful occupant of the premises allotted by the respondent-GIDC, where the petitioner is carrying out legal industrial activity. Opposite to the premises of the petitioner, is a residential settlement and the residents of such area raised certain objections against the petitioner and his staff /workers for creating nuisance in various manners. Such objections were raised to the local authority as well as GIDC. Based on such objections, GIDC, without authority, has issued the impugned order and the respondent-Municipal Corporation has forcibly constructed wall and blocked entrance.