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Vimukt vs State

High Court Of Gujarat|27 June, 2012

JUDGMENT / ORDER

1. The petitioner has taken out present petition seeking below mentioned relief/s:-
"7(A) Your Lordship may be pleased to admit and to allow this application.
(B) Your Lordships may be pleased to issue a writ of mandamus or any appropriate writ, order or direction to the respondents to quash and set aside the order dated 27.6.2005 at annexure-A.
(C) Your Lordship may be further pleased to command the Charity Commissioner, the respondent No.2 to handover the charges pertaining to the institutions run by the petitioner trust to the petitioner trust forthwith.
(D) Pending admission hearing and final disposal of this petition your Lordships may be pleased to direct the respondent to handover the charge of the institution to the petitioner.
(E) Your Lordship may be pleased to grant such other and further relief/s as deemed just and proper in the interest of justice."
2. The petition pertains to the order dated 27.6.2005. Therefore, after almost seven years there would not be any reason or justification to entertain the petition.
3. In this context learned advocate for the petitioner has clarified that the petitioner has not challenged the said order (i.e. order dated 27.6.2005) and in fact petitioner has accepted the said order and acted in accordance with the said order. However now in view of the subsequent events and developments over passage of time since the date on which the said order was passed, appropriate further actions are required to be taken or orders are required to be passed by the competent authority and for that purpose representation dated 6.1.2012 has already been made by the petitioner.
4. Learned advocate for the petitioner has also submitted that the petitioner will make appropriate application in accordance with the provisions of the Bombay Public Trust Act, 1950 before the competent authority and pursue remedy before the competent authority.
5. In view of the aforesaid statement by learned advocate for the petitioner and since representation has already been made by petitioner, present petition is not entertained and is disposed off accordingly.
(K.M.THAKER,J.) Suresh* Top
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Title

Vimukt vs State

Court

High Court Of Gujarat

JudgmentDate
27 June, 2012