C/SCA/845/2024 ORDER DATED: 31/01/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 845 of 2024
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JASHUBHAI DHANJIBHAI MAKWANA
Versus
STATE OF GUJARAT
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
for the Respondent(s) No.
2,2.1,2.2,2.3,2.4,2.5,2.6,2.7,2.8,3,3.1,3.2,3.3,3.3.1,5
MS. SHRUTI PATHAK, AGP for the Respondent(s) No. 1,4
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 31/01/2024
ORAL ORDER
1. By way of present petition, the petitioner herein has
prayed for the following reliefs:
"10. In the aforesaid premises, the petitioner prays to this
Hon'ble Court that:
(A) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ, order or
direction holding and declaring that the sale of land
admeasuring Ha. - Are 1-33-55 Sq.mt. of Survey No.
463 situated at Sargasan, Tal. Dist. Gandhinagar is
illegal and contrary to rules and further be pleased to
quash and set aside the order dated 19/06/2023 passed
by the Assistant Charity Commissioner in Change
Report No. 117/2023 at Annex. "G" and further be
pleased to hold that the proceedings undertaken by the
Revenue Authority are without authority and
Respondent No. 3 do not have any right of tenancy and
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C/SCA/845/2024 ORDER DATED: 31/01/2024
further be pleased to direct the Charity Commissioner
to show the aforesaid property in the PTR in the name
of the Trust;
(B) Pending admission, hearing and final disposal of the
present petition, Your Lordships may be pleased to stay
the order dated 19/06/2023 passed by the Assistant
Charity Commissioner, Gandhinagar in Change Report
No. 117/2023 at Annex. "G" and further be pleased to
direct the respondent No.5, his agents and servants
from, selling, transferring or alienating the aforesaid
land to any other party and maintain the status quo.
(C) Be pleased to pass such other and further relief as
may be deemed fit by Your Lordships in the facts and
circumstances of the case and in the interest of
justice."
2. Heard Ms. Mamta Vyas, the learned advocate
appearing for the petitioner and Ms. Shruti Pathak, the
learned AGP appearing for respondent No. 4.
3. Ms. Pathak, the learned AGP appearing for
respondent No.4 , on instructions, submitted that the
application duly produced at Page-92, Annexure “H”,
dated 5.7.2023, is being considered by the respondent
No.4 and has placed on record the communication dated
24.1.2024, wherein taking the said communication into
consideration, the Commissioner, Public Trust Record,
Gandhinagar, is directed to inquire into the grievance
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raised by the petitioner herein. So far as the grievance
with respect to Change Report No. 117/2023 is
concerned, it is kept open for the petitioner to take
appropriate steps in accordance with law. The said
communication dated 24.1.2024 is taken on record.
4. Considering the aforesaid submissions made by Ms.
Shruti Pathak, the learned AGP, the grievance raised by
the petitioner by filing representation, the attention
drawn by the petitioner qua respondent No.4 herein with
respect to the allegation levelled against the private
respondents by the petitioner herein, is being addressed
by the respondent No.4. Liberty is reserved in favour of
the petitioner herein to challenge the order dated
19.6.2023 passed by the Assistant Charity Commissioner
in Change Report No.117/2023, in accordance with law.
In the interest of justice, the respondent No.4 to
decide the representation filed by the petitioner herein
dated 5.7.2023 as expeditiously as possible.
Without entering into merits of the matter, the
present petition is disposed of accordingly.
Direct Service is permitted.
(VAIBHAVI D. NANAVATI,J)
SAJ GEORGE
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