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2025 DAILYLAW 7530 (GUJ)

DEVENDRAKUMAR SOMESHWAR PANCHAL v. THE AHMEDABAD MUNICIPAL CORPORATION

SCA/15431/2025 · 2025-12-16

Mauna M Bhatt

body2025

Judgment text

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C/SCA/15431/2025 ORDER DATED: 16/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15431 of 2025 ========================================================== DEVENDRAKUMAR SOMESHWAR PANCHAL Versus THE AHMEDABAD MUNICIPAL CORPORATION & ANR. ========================================================== Appearance: MR VIVEK B GUPTA(5611) for the Petitioner(s) No. 1 AISHVARYA(8018) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 16/12/2025 ORAL ORDER 1. Learned advocate Mr.Sagar Shah submitted that he has instruction to appear for respondent No.2. Registry to accept his Vakalatnama. 2. This petition is filed seeking to direct respondent No.1 to remove illegal construction put up by respondent No.2, which is not in consonance with the approved plan of respondent No.1- Corporation. It is also alleged that construction is done in the area of margin land and common road of the society. 3. Considering the averments made in the petition and submissions canvassed on behalf of the petitioner, learned advocate for the corporation was directed to do the needful. C/SCA/15431/2025 ORDER DATED: 16/12/2025 4. Pursuant to earlier order dated 20.11.2025, learned advocate Ms.Aishvarya Gupta for the respondent- corporation at the outset submitted that Officer of the corporation has visited the premises and thereafter, appropriate action in accordance with law has been initiated. She relied upon the Notice dated 21.11.2025 issued under section 267 of the Gujarat Provincial Municipal Corporations Act, followed by Panchnama dated 26.11.2025 done in presence of the petitioner, as also Notice dated 27.11.2025 under section 267(1) of GPMC Act and an order under section 267(2) of the Act. 5. It is noticed that this is a private dispute between individuals and the same would not amenable to petition under Article 226 of the Constitution of India. However, noticing that the respondent- corporation has initiated action, no further directions are required in this petition and hence, this petition is accordingly disposed of. (MAUNA M. BHATT,J) DIPTI PATEL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIPTIBEN PIYUSH PATEL(HC00191), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/12/2025 17:45:52