C/SCA/6553/2025 ORDER DATED: 11/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6553 of 2025 ========================================================== HARISHBHAI NANUBHAI UMARIGAR & ORS. Versus SURAT MUNICIPAL CORPORATION & ANR. ========================================================== Appearance: MR KK TRIVEDI(934) for the Petitioner(s) No. 1 MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 11/06/2025 ORAL ORDER 1. At the outset, learned advocate Mr. Kaushal Pandya for respondent No.1-Corporation submitted that this petition is misconceived since, it is filed to resolve the private dispute between the petitioner and private respondent Nos.3 and 4. Learned advocate further submitted that upon advance copy being served, the officer of respondent Corporation has visited to verify the allegations made in the petition to the effect that construction has been done by respondent Nos.3 and 4 in the margin area which is causing prejudice to the petitioner. However, upon visit, the officer of the Corporation has noticed that the construction carried out by respondent Nos.3 and 4 is according to sanctioned plan and nothing was found as constructed in the margin area as alleged in the petition. The C/SCA/6553/2025 ORDER DATED: 11/06/2025 margin area is required to be kept open and as on date the same is open. As on date, the construction is on plinth level and no construction is made in the margin area. 2. Considering the communication dated 10.06.2025 which is taken on record, this petition is dismissed since this petition under Article 226 of the Constitution cannot be entertained to resolve the private dispute. 3. It is made clear that this Court has not gone into the merits of the matter. (MAUNA M. BHATT,J) NAIR SMITA V./06 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/06/2025 14:47:55