Gujarat High Court
Jitendra Kantilal Solanki vs State Of Gujarat & 3....Opponent(S) on 12 October, 2015
Bench: Jayant Patel, N.V.Anjaria
C/WPPIL/208/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 208 of 2015
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JITENDRA KANTILAL SOLANKI....Applicant(s)
Versus
STATE OF GUJARAT & 3....Opponent(s)
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Appearance:
MR NM KAPADIA, ADVOCATE for the Applicant(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Opponent(s) No. 1
MS MANISHA L. SHAH, LD. GP for the State
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 12/10/2015
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL)
1. The petitioner, by this petition, is claiming various reliefs, but upon hearing Mr.Kapadia, learned Counsel for the petitioner, it appears that the main grievance is two-fold; one is for illegal beating or causing injuries to certain persons, who are not accused and another is for sale of the land by the Corporation to Daudi Mota Trust, resulting into discontinuation of the Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Oct 14 01:53:52 IST 2015 C/WPPIL/208/2015 ORDER right of way of the residents of the area.
2. So far as the first contention is concerned, the petitioner has approached before the National Human Rights Commission and National Human Rights Commission has also taken cognizance, issued notice and called upon the report of the concerned police officials. It was submitted that this Court may issue appropriate direction to the National Human Rights Commission for taking appropriate action.
3. It is hardly required to be stated that the remedy available of approaching before the National Human Rights Commission to the affected persons is in addition to the regular remedy available under IPC and Cr.P.C. If the persons concerned, who have sustained injuries, find that there is no proper action by the National Human Rights Commission, it is open to the injured persons or any other persons, who have suffered on account of any action by the police without force of law, to avail such remedy. Such can be put to motion, either by filing complaint with the respective police station or by filing complaint before the appropriate Court.
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C/WPPIL/208/2015 ORDER
Therefore, it is not a matter where no remedy is available to the injured or the persons, who have suffered on account of such action by the police.
4. On the aspect of closure of sale of the land forming part of the road as per the petitioner, there are also expressed remedies available before the appropriate Court or, in any case, before the State Government under Section 451 of the Bombay Provincial Municipal Corporations Act.
5. In view of the above, when the affected persons have express remedies available, we do not find any case is made out for invoking PIL jurisdiction of this Court.
6. Hence, the present petition is not entertained and disposed of accordingly.
(JAYANT PATEL, ACJ.) (N.V.ANJARIA, J.) vinod Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Oct 14 01:53:52 IST 2015