I R C G vs State Of Gujarat
2023 Latest Caselaw 4520 Guj

     C/SCA/3023/2003                            ORDER DATED: 15/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO.3023 of 2003

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                                 IRCG
                                 Versus
                       STATE OF GUJARAT & 2 others
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Appearance :
MR MA KHARADI for the Petitioners.
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER ASSISTED BY MR
K.M. ANTANI, AGP for the Respondent No.1,2
MR DEVANG VYAS for the Respondent No.3.
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 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A. J. DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                      Date : 15/06/2023
                       ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.

JUSTICE A. J. DESAI)

1. By way of the present public interest litigation, the writ-petitioners, a public charitable trust and its Administrator of the Legal Cell, have prayed for issue of appropriate writ, order or direction directing the State-respondents to make detailed survey of the mosques, dargahs, graveyards, khankahs and other religious places and institutions desecrated, damaged and /or destroyed during the period of communal riot in this State in the year 2002 under the supervision and guidance of this Court and for immediate repair and restoration of those within specified time limit and to further direct the State Government to suitably and adequately re- compensate the trusts and institutions of which the religious places and institutions have been desecrated, defiled, damaged and/or

C/SCA/3023/2003 ORDER DATED: 15/06/2023

destroyed.

2. By CAV Judgment dated 8.2.2012, the Division Bench of this Court had issued certain directions. However, the present Public Interest Litigation was kept pending for scrutiny for the final decisions of the Special Officers on compensation or repair, as the case may be.

3. The said decision was challenged by the State of Gujarat before the Hon'ble Apex Court by way of filing Civil Appeal No.3249 of 2016. The Hon'ble Apex Court by judgment dated 29.8.2017 modified the order passed by the Division Bench of this Court.

4. In view of the above decision of the Hon'ble Apex Court, Mr. M.A. Kharadi, learned advocate appearing for the petitioner states that no order is required to be passed in the present petition. Hence, the present petition stands disposed of. Registry is directed to send back R & P forthwith.

(A. J. DESAI, ACJ)

(BIREN VAISHNAV, J)

SAVARIYA