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(D) Pending admission and final hearing of this petition, Your Lordships be pleased to stay the operation, execution and implementation of the impugned order dated 5.1.2021 passed by the respondent No. 3 - AUDA.

(E) Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case.".

2. This petition was heard on 27.09.2021 and was put up for orders on 04.10.2021. But, by that time, with the consent of all the learned advocates appearing for the respective parties, learned advocate Mr. Satyam Chhaya for the petitioner has submitted that the petitioner society is not inclined to prosecute the matter any further in view of settled position of law and as such, would like to withdraw the petition. However, learned advocate Mr. Chhaya has requested that by virtue of this implementation and action of the respondent authority, since the common plot and club house of the society are to be demolished for laying down the proposed town planning road at the site and this is to take place at a time when Navratri and Dushhera festivals are ensuing shortly, which would hamper the members of the society to celebrate as since long, the functions related to it were going on right from set up of the society, the interim relief which has already been granted by virtue of order dated 02.02.2021 be continued for a reasonable period so as to see that no demolition can take place during these festivals period i. e. Navratri and Dushhera. For that purpose, learned C/SCA/1269/2021 ORDER DATED: 05/10/2021 advocate Mr. Chhaya has also requested to continue the interim relief till 19.10.2021 and has stated on instructions that the petitioner society will hand over the vacant and peaceful possession of portion in question i. e. common plot and club house on or before 20.10.2021. Such request was made on 04.10.2021 when the Court was to dictate the order.

3. On 04.10.2021, time was sought to tender an undertaken of the society to that effect. Accordingly, the matter was adjourned to 05.10.2021.

4. Today, when the matter is taken up for hearing, learned advocate Mr. Satyam Chhaya appearing on behalf of the petitioner has tendered an affidavit/undertaking affirmed on 05.10.2021 and signed by the Secretary Shri Natwarlal Ranchhodlal Patel of the petitioner society, undertaking specifically that the society will hand over the possession of common plot and club house which are falling within the town planing road - a subject matter of present petition, on or before 20.10.2021.

"2. I say and submit that the petitioner - society has resolved to withdraw the captioned petition in view of its Resolution No.43 dated 30.9.21. Copy of the said Resolution No.43 dated 30.9.2021 is annexed hereto and marked as Annexure-R-I to the Affidavit/Undertaking. It is submitted that the petitioner is a Cooperative Housing Service Society Ltd. and its members are having residential dwelling unit in the society, as can be seen from the facts mentioned in the memo of petition. The area in question is a common plot and common club house which would be subjected to demolition for laying down the proposed TP road at site.
3. It is submitted that the petitioner society is organizing Garba during Navratri at the land in question i. e. at the common plot since last more than 10 years and are performing their Pooja of Goddesses Amba Mataji. It is submitted that in view of prevailing guidelines of the Government, no Garba would be permitted in the party plots and clubs. Therefore, the petitioner humbly requests this Hon'ble Court to continue the interim relief granted by this Hon'ble Court till 19.10.2021 as Dushhera is on 15.10.2021 and to dismantle the arrangements, 3 to 4 days' time would be consumed. At the same time, the petitioner - society hereby undertakes that on or before 20.10.2021, the petitioner - society would hand over the vacant and peaceful possession of the portion of common plot and club house which is falling within the TP road, which is the subject matter of captioned petition. In view of above, the deponent humbly requests this Hon'ble Court to permit the deponent - original petitioner to withdraw the captioned petition and further be pleased to extend the interim relief granted by this Hon'ble Court till 19.10.2021."