C/SCA/9715/2025 ORDER DATED: 15/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9715 of 2025 ========================================================== KIMATRAI NEBHANDAS SUKHVANI & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DEEPAK P SANCHELA(2696) for the Petitioner Nos.1 to 12 MS SUMAN MOTLA AGP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 15/07/2025 ORAL ORDER 1. This petition is filed challenging the notice dated 02.06.2025 wherein the petitioners were directed to vacate the premises on the ground of the structure being in dilapidated condition. 2. Heard learned advocate Mr.Deepak Sanchela for the petitioners. Learned advocate submitted that the notice dated 02.06.2025 is illegal because earlier to the said notice dated 13.08.2024 was given under Section 182 of the Gujarat Municipalities Act, 1963 whereby the very premises has referred as partly in dilapidated condition however, in the notice dated 02.06.2024, the entire premises has been referred C/SCA/9715/2025 ORDER DATED: 15/07/2025 as in a dilapidated condition and at this stage, it has been demolished also. Learned advocate further submitted that the petitioners are lease holders of the premises and for their lease hold rights, the suit is pending. Learned advocate further submitted that this notices are bad in law since straightway order under Section 182 of the Gujarat Municipalities Act, 1963 have been passed without issuing any prior notice. 3. Considering the notice dated 02.06.2025 which refers to dilapidated condition of the society and the safety and security of the people at large inclusive of the occupiers of the said building, this Court deems it appropriate not to entertain the petition which is challenging the notice dated 02.06.2025. Moreover, this Court cannot ignore that there is pendency of suit challenging the lease hold rights of the petitioners wherein Exh.20 application preferred by the petitioners have been dismissed. 4. With this, the present petition is disposed of. (MAUNA M. BHATT,J) NAIR SMITA V./03-SB-I 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 15/07/2025 14:49:04