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(B) Pending admission, hearing and final disposal of this Special Civil Application, your lordships will be pleased to restrain the respondents their officers, servants and agents from carry out further construction on a Common Plot No.B of Rajnagar on land bearing Revenue Survey No.454-A-1 paikee and/or status quo qua the Common Plot No.B of Rajnagar on land bearing Revenue Survey No.454-A-1 paikee be granted.
(C) Grant an ex-parte ad-interim relief in terms of para (B) above be granted.

2. In sub-para 9 of para 5 of the petition, it is stated that petitioners have no other alternative efficacious remedy except filing the present petition before this Court and in para 7 reads as under:

7. The petitioners respectfully submit that petitioner No.1-Dilipbhai Amirali Bhanvadiya preferred a Regular Civil Suit No.6 of 2012 pending before the Civil Judge, Junior Division, Bhanvad against the Bhanvad Municipal Bureau for the same subject matter but after the pursis which is at annexure- E the petitioner No.1 and other petitioners thought fit to file present petition before this Hon ble Court for prompt remedy, under the circumstances petitioner No.1 Dilipbhai Amirali Bhanvadiya undertake to withdraw Regular Civil Suit No.6 of 2012 pending before the Civil Judge, Junior Division, Bhanvad within 10 days. (emphasis supplied) Mr. Kakkad, learned advocate for the petitioners contend that Civil Suit was withdrawn in view of pursis dated 21.1.2012 at Annexure E filed by respondent-Municipality about handing over possession of the plot by the society to Municipality for the usage of Baalvadi. It is also contended that in a common plot of society no construction could have been carried out and, therefore, no construction permission is granted for the usage of Baalvadi and/or Anganwadi by the competent authority and, therefore, direction be issued as prayed for.
6. I further say that as far as petitioner Nos. 1 and 2 are concerned, they are original owners of Revenue Survey No.454 paiki 1 whereas petitioners Nos. 3 to 10 are the eights plot holders. I further say that the original plot holder i.e. petitioner Nos. 1 and 2 had by letter dated 23.6.2003 handed over common plot as well as the internal road to the President/Chief Officer, Bhanvad Municipality which have been duly taken over by them and, therefore, the common plot as well as internal roads would rest with the Bhanvad Municipality. I further say that in the present case there are in all 37 plot holders of Rajnagar Society out of which 8 plot holders have approached this Hon ble Court raising their objections against construction of Anganwadi whereas the remaining 29 plot holders have raised no such objection. It is pertinent to note that many residents of Rajnagar Society has also given their consent/no objection for constructing Anganwadi upon the said common plot. It is stated by those residents that the common plot has remained unutilized since last 17 years and due to non-utilization and accumulation of rain water, there is lot of mosquito menace and by construction Anganwadi the area would remain clean. It say that upon perusing the affidavits annexed along with letter dated 7.2.2012, it transpires that out of 8 plot holders i.e. petitioner Nos. 3 to 10, 6 plot holders have already given their consent for constructing the Anganwadi and, therefore, it is now not open for the respective petitioners to take a different stand.
6. Therefore, in the above circumstances, it is clear that when the petitioners invoked extraordinary jurisdiction of this Court a prompt remedy of Civil in nature was already undertaken in the form of filing a Regular Civil Suit No.6 of 2012 and one of the respondents was defendant in the Regular Civil Suit. That contention of learned advocate for the petitioners about existence of illegal and unauthorised construction over the common plot by some of the respondents to construct Anganwadi for welfare of the children under the Integrated Child Development Services and legal right of the petitioners to seek remedy approached the writ Court pale into insignificance inasmuch as the petitioners had already invoked lawful and proper remedy where all the factual aspects about existence of common plot of the society, alleged construction whether illegal or unauthorised or irregular could have been examined on production of necessary material and filing of pursis by the Municipality in the Civil Suit was only a declaration about usage of land for welfare activities of the children upon handing over land by the society to Municipality and out of 29 members only 8 members have grievance. In the affidavit-in-reply filed by the District Collector, Project Manager in-charge of the Integrated Child Development Services programme have denied averments and allegations levelled in petition and that Nagarpalika has passed resolutions granting permission for construction for a noble and welfare purpose of Anganwadi.