- (1.) RULE. Learned advocate Mr. Prashant G. Desai waives service of Rule on behalf of respondent No. 1. Mrs. Krina P. Calla, learned Assistant Government Pleader, waives service of Rule on behalf of respondent No. 2. Learned advocate Mrs. Ketty A. Mehta waives service of Rule on behalf of respondent No. 8. Looking to the controversy involved in the matter, the learned advocate for the petitioner submitted that the rest of the respondents are not the contesting respondents.
(2.) HEARD the learned advocates for respective parties.
(3.) THE present petition is filed challenging a communication dated 19. 07. 2007 addressed to the President/secretary of Jagannath Nagar Cooperative Housing Society (proposed) by the Executive Engineer, Drainage Department, Surat Municipal Corporation. The contents of the letter are that, 'as there is a Court matter pending related to revenue survey No. 121 of village Bamroli, on which the aforesaid Jagannath Nagar Cooperative Housing Society is situated, wherein the Surat Municipal Corporation is also joined as party, there is an opinion of a panel advocate that without obtaining consent of the land owner, no primary facilities/civic amenities can be granted by the Surat Municipal Corporation'. The letter finally states that, 'the work of laying down the drainage line in Jagannath Nagar Cooperative Housing Society cannot be undertaken'.;