Gujarat High Court
Pashu Pakshi Prant Kalyan ... vs State Of Guajrat Thr' Secretary & 3 on 7 September, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/9130/2006 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 9130 of 2006
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PASHU PAKSHI PRANT KALYAN MANDAL-THR'MANAGING
TRUSTEE....Petitioner(s)
Versus
STATE OF GUAJRAT THR' SECRETARY & 3....Respondent(s)
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Appearance:
MR ANSHIN H DESAI, ADVOCATE for the Petitioner(s) No. 1
MR KRUTIK PARIKH, AGP for the Respondent(s) No. 1 - 2 , 4
MR C B UPADHYAYA, ADVOCATE for the Respondent(s) No. 4
MR DIVYESH SEJPAL, ADVOCATE for the Respondent(s) No. 3
MS PJ DAVAWALA, ADVOCATE for the Respondent(s) No. 4
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 07/09/2017
ORAL ORDER
1. This Court, on 02/11/2005, passed a detailed order and also issued following directions:
"5. Under the above circumstances, I am inclined to pass the following order:
(a) RULE. By interim order, it is directed that:-
(i) the District Collector, Junagadh, respondent No.2 herein either himself or through officer not below rank of Dy. Collector shall take over the possession of the land, including the property in question and the management of the petitioner Trust both by drawing proper panchnama in presence of Managing Trustee of petitioner Trust within a period of two weeks from the date of the order of this Court.Page 1 of 3
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(ii) After taking over the said possession and management, the possession of the property and the management of the petitioner Trust shall be entrusted within a period of two weeks thereafter to the Committee comprising of; (1) Officer who may be nominated for such purpose by the Assistant Charity Commissioner from his office who shall be as Chairman; (2) One representative from Society of Prevention of Cruelty to Animals, whose nomination shall be finalized by the District Collector; (3) One representative from the office of the District Collector; and (4) Talati-cum- Secretary of Khadia Gram Panchayat.
(b) The aforesaid Committee shall continue the present charitable activities of the petitioner Trust and the present Managing Trustee of the petitioner Trust, Shri R.G.Aparnathi shall be at liberty to render assistance to the committee for betterment of the activities of the petitioner Trust. The aforesaid Committee shall be at liberty to take all necessary actions for compliance of the aforesaid direction.
(c) After the aforesaid two directions are complied with, the District Collector, Junagadh shall reconsider the matter for regularization and/or grant of the land in question to the petitioner Trust as per the prevailing policy of the State Government, keeping in view the activities being rendered and to be rendered to the residents of the area and more particularly to the cattle and others. The aforesaid exercise shall be completed preferably within a period of three months and the report shall be placed before this Court. After the report is submitted, it would be open to either side to move this Court for modification and/or final hearing of the matter."
2. Heard Mr. Anshin Desai, learned advocate with Mr.Vaibhav Goswami, learned advocate for the petitioner.
3. He submits that activities have continued after the committee had taken over the possession as directed by this Court. The committee continues to guide and supervise Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Sep 16 07:32:30 IST 2017 C/SCA/9130/2006 ORDER charitable activities of the petitioner trust. The Managing Trustee Mr.R. G. Aparnathi also has been allowed to continue day-to-day activities of the trust and he was continuously called in the meetings of the committee held periodically.
4. Since there was specific direction to District Collector, Junagadh to reconsider the matter by this Court, keeping in view the prevalent policy of the State and activities of the present petitioner, let the report be submitted to this Court by 25/09/2017.
5. Learned AGP shall take necessary instructions by 25/09/2017.
6. The matter to appear on 25/09/2017.
(MS SONIA GOKANI, J.) ila Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Sep 16 07:32:30 IST 2017