Gujarat High Court
Bhupendrabhai Ravjibhai Patel vs The State Of Gujarat on 18 November, 2019
Equivalent citations: AIRONLINE 2019 GUJ 780
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, V.P. Patel
C/WPPIL/10/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 10 of 2014
With
R/WRIT PETITION (PIL) NO. 34 of 2014
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BHUPENDRABHAI RAVJIBHAI PATEL
Versus
THE STATE OF GUJARAT & 11 others
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR UTKARSH SHARMA AGP for the Opponent(s) No. 1
MR MITUL K SHELAT(2419) for the Opponent(s) No. 3
MR PREMAL R JOSHI(1327) for the Opponent(s) No. 10,11,5,7,8,9
MR SACHIN D VASAVADA(3342) for the Opponent(s) No. 12
MRS KIRAN P JOSHI(1328) for the Opponent(s) No. 10,11,5,7,8,9
NOTICE NOT RECD BACK(3) for the Opponent(s) No. 2
NOTICE SERVED(4) for the Opponent(s) No. 4,6
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE V.P. PATEL
Date : 18/11/2019
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
1. In both these petitions, by way of PIL, the petitioners have prayed following reliefs :
Prayers in WPIL No. 10 of 2014:
(A) Be pleased to allow this petition, (B) Be pleased to issue a Writ of mandamus or a writ in the nature of the mandamus or any other appropriate writ, order or direction, and to direct the Page 1 of 5 Downloaded on : Thu Nov 21 02:08:11 IST 2019 C/WPPIL/10/2014 ORDER respondent authorities to investigate the whole issue which is forwarded by the petitioner by way of various representations and be pleased to further direct the respondents that if the facts set out by the petitioner in the said representations are found to be correct, the respondent authorities are found to be correct, the respondent authorities shall further be directed to take all appropriate actions including recovery of the fund siphoned away by the respondents and for criminal prosecution of the said respondents for the commission of various offences punishable under the Indian Penal Code, 1860;
(C) Pending admission and final disposal of the present petition, be pleased to direct the respondent authorities to place on record of this petition before this Hon'ble Court the actions taken by the respondents in pursuance of the representations submitted by the petitioner;
(D) Be pleased to pass such other and further orders as may be deemed fit and proper."
Prayers in WPIL 34 of 2014:
(A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, and to direct the respondent Director of Higher Education to call for the audited accounts from the respondents Science College for the years 1997-98 onwards till 2012-13 Page 2 of 5 Downloaded on : Thu Nov 21 02:08:11 IST 2019 C/WPPIL/10/2014 ORDER and be pleased to further direct the respondent -
Director of Higher Education to have these accounts audited / re-audited by the Auditors appointed by him and find out in what circumstances the set-off entry or waiver entry of Rs.55.00 lakhs have been reflected in the books of accounts and where that moneys have gone, with the further direction that if in the course of such investigation / audit, if any mis- application, misfeasance or misappropriation of the said fund has taken place, the Director of Higher Education be directed to take necessary steps for reimbursement and prosecution of the concerned persons who prima-facie found to be responsible for the same.
(AA) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, and to direct the Administrator of the Trust to place all records pertaining to subject matter of this petition before this Hon'ble Court by way of an appropriate affidavit supported with relevant materials and documents.
(B) Pending admission and final disposal of the present petition, be pleased to direct the respondent Science College and the Director of Higher Education to place on records the books of accounts audited or unaudited for the period commencing from 1997-98 till 2012-13;
(BB) Pending hearing and final disposal of the Page 3 of 5 Downloaded on : Thu Nov 21 02:08:11 IST 2019 C/WPPIL/10/2014 ORDER petition, be pleased to direct the newly added respondent to file an affidavit placing correct facts before the Hon'ble Court, supporting with relevant materials and/or documents.
(C) Be pleased to direct the Director of Higher Education to place on record what actions have been taken by his office by virtue of the applications submitted by the petitioner;
(D) Be pleased to pass such other and further orders as may be deemed fit and proper"
2. The counsel for the respondent has taken the Court to the affidavit- in-reply and accompanying documents and submitted that in fact the petitioner himself was the member of the Trust. However, there is no objection in case if State is directed to look into the matter and come to an independent conclusion qua the applications.
3. Shri Mangukiya, learned advocate appearing for the petitioner concurs what has been stated by learned advocate for the respondent and submit that appropriate order be passed.
4. In view of aforesaid, we dispose of both these petitions by observing that it will be open tot he petitioner or for that matter, any one interested to see to bring any discrepancy or irregularities to the notice of the concerned in respect of Trust in question, then, the State or the appropriate authority under State may look into it and decide the same in accordance with law as expeditiously as possible.
Page 4 of 5 Downloaded on : Thu Nov 21 02:08:11 IST 2019C/WPPIL/10/2014 ORDER
5. Both the petitions are disposed of accordingly.
(S.R.BRAHMBHATT, J) (V. P. PATEL,J) P.S. JOSHI Page 5 of 5 Downloaded on : Thu Nov 21 02:08:11 IST 2019