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2020 Supreme(Guj) 968

VIKRAM NATH, J.B.PARDIWALA
Hiteshkumar Vittalbhai Chavda – Appellant
Versus
Jagannathji Mandir Trust – Respondent


Advocates Appeared:
For the Applicant :Mr. Aum M. Kotwal, Mr. Anshin Desai, Senior Advocate Assisted by Mr. Nandish Thakkar with Mr. Sanat Pandya.
For the Respondent:Mr. Kamal Trivedi, Advocate General, Ms. Manisha Lavkumar Shah, Government Pleader with Mr. D.M. Devnani, Assistant Government Pleader, Mr. Mitesh Amin, Public Prosecutor.

JUDGMENT :

1. Since the issues raised in both the captioned writ applications are the same, those were taken up for hearing analogously and are being disposed of by this common judgement and order.

2. For the sake of convenience, the Writ Petition (PIL) No.91 of 2020 is treated as the lead matter.

    “No man is above the law and no man is below it;

nor we ask any man's permission when we ask him to obey it.

Obedience to the law is demanded as a right; not asked as a favor.

Theodore Roosevelt”

3. We are tempted to preface our judgement with the above referred quote of “Theodore Roosevelt”, the 26th President of the United States of America, as we expect the State Government to follow the same having regard to the critical times the country is undergoing on account of the COVID-19 pandemic.

4. By this writ application under Article 226 of the Constitution of India filed in public interest, the writ applicant, a resident of Ahmedabad, has prayed for the following reliefs :

    “(A) This Hon'ble Court may be pleased to issue an appropriate writ, order or direction to the respondents to file a report befo

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