1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
"(A) Your Lordships may be pleased to issue a writ of mandamus and or any other appropriate writ order or direction directing respondent Nos.2 and 3 to take immediate action for stopping illegal and unauthorized construction being put up by the respondent No.4 on land bearing Final Plot No.9 admeasuring 5153 Sq.Mts. of Viramgam, Tal. Viramgam, Dist. Ahmedabad and to remove the unauthorized construction already put up by the respondent No.4;
(B) Your Lordships may be pleased to issue a writ of certiorari and or any other appropriate writ order or direction quashing and setting aside (1) order dated 4.6.2008 passed by the Mamlatdar, Viramgam in Dispute Case No.6 of 2006; (2) order dated 23.2.2010 of the Deputy Collector, Viramgam in RTS/Appeal/Case No.206/2008 and (3) order dated 9.4.2012 passed by the Collector, Ahmedabad in Revision Application No.164 of 2010;
(C) Pending the hearing and final disposal of this petition, Your Lordships may be pleased to restrain the respondent No.4 from putting up any further construction on land bearing Final Plot No.9 admeasuring 5153 Sq.Mts. of Viramgam, Tal.Viramgam, Dist.Ahmedabad and the respondent Nos.2 and 3 may be directed to take all necessary action to stop all the construction and/or remove the unauthorized construction;
(D) Pending the hearing and final disposal of this petition, Your Lordships may be pleased to stay the operation, implementation and execution of the (1) order dated 4.6.2008 passed by the Mamlatdar, Viramgam in Dispute Case No.6 of 2006; (2) order dated 23.2.2010 of the Deputy Collector, Viramgam in RTS/Appeal/Case No.206 of 2008 and (3) order dated 9.4.2012 passed by the Collector, Ahmedabad in Revision Application No.164 of 2010;
(E) Your Lordships may be pleased to grant such other and further reliefs as the Hon'ble Court may deem fit in the facts and circumstances of the case."
2. On 20.06.2012, this Court has passed the following order:-
"Mr.R.S. Sanjanwala, learned Senior Advocate appearing with Mr.Siddharth Varmora, learned counsel for the petitioner does not press prayers 14(B) and 14(D) in order to avail alternative remedy available.
Accordingly, prayers 14(B) and 14(D) stand deleted.
Notice to the respondents, returnable on 27.06.2012. Direct service is permitted."
3. On notice being issued, Mr.Ashokbhai Haribhai Patel, Chief Officer, Viramgam Municipality, is personally present in the Court today.
4. Ms.Asmita Patel, learned A.G.P. appearing for respondent Nos.1 and 2 tenders photocopy of the panch-rojkam dated 03.07.2012 conducted in presence of said Mr.Ashokbhai Haribhai Patel, Chief Officer, Viramgam Municipality at 5:20 p.m. which is taken on record and the same is also given to the learned counsel appearing for the petitioner as well as the private respondents.
5. As is indicative from the panch-rojkam, Viramgam Municipality has already taken actions in accordance with law against the unauthorized construction made by respondent No.4 by issuing notice dated 03.07.2012.
6. Mr.Ashokbhai Haribhai Patel, Chief Officer of Viramgam Municipality has also stated before this Court that as mentioned in the panch-rojkam, even photographs of the unauthorized construction made by respondent No.4 shall be maintained in the records of Viramgam Municipality.
7. In view of the above, the grievance voiced by the petitioner stands redressed at this stage.
8. It would be open for Viramgam Municipality to take appropriate action in accordance with the said notice dated 03.07.2012 after hearing respondent No.4.
9. Mr.D.H.
Rahevar, learned counsel appearing for respondent No.4 submits that respondent No.4 shall file reply to the said notice dated 03.07.2012 latest by 21.07.2012.
10. It is however, made clear that this Court has not opined anything on merits of the said notice and Viramgam Municipality shall take appropriate decision strictly in accordance with law without being influenced by the present order.
11. With the above observations, the petition stands disposed of. Notice is discharged.
(R.M.CHHAYA, J.) Hitesh Top