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2009 Supreme(SC) 2060

DALVEER BHANDARI, MUKUNDAKAM SHARMA
Union of India – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Petitioner:Mr. Gopal Subramanium, Solicitor General, Mr. Satyakam, Mr. Devansh A. Mohta, Mr. S.N. Terdal for Mr. P. Parmeswaran, Advocates.
For the Respondent:Mr. Prashant G. Deshi, Sr. Advocate, Mr. Koshal Pandaya, Mr. S.C. Patel, Mr. S. Bhowmik, Ms. Hemantika Wahi, Ms. Jesal, Ms. Nikita, Mr. Manu Nair and Mr. Kirat Singh Nagra, Advocates.

ORDER :

Dalveer Bhandari, Mukundakam Sharma, JJ.

On 25th March, 2008, this Court took note of a newspaper item published in Times of India, Ahmedabad Edition, and passed the following order :

    "Taking note of the fact in a news item published in 'The Times of India', Ahemdabad Edition, dated May 2, 2006 to the effect that 1200 temples and 260 Islamic shrines had encroached on public space, the High Court of Gujarat at Ahmedabad, while taking suo motu action, issued notice to the fourteen persons/authorities who were arrayed as respondents. While doing so, the High Court gave the following interim direction:

    'Meanwhile, all the respondents are directed to take immediate steps for removal of encroachment of religious structures on the public space without any discrimination and submit their reports.'

2. Mr. Gopal Subramanium, learned ASG appearing for the Union of India contends that this interim direction is in the nature of final direction which could be issued only after hearing the respondents and no such direction could be issued at a preliminary stage without hearing the respondents.

3. This Court, while issuing notice on the special leave petition on 04th May, 2006 had stayed the op

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