Sant Shri Asharam Ashram Through Trustee And Authorized Signatory Rajeshkumar Shadilal Bharti vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Guj) 1036

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sunita Agarwal, C.J., D.N.Ray, J.
Sant Shri Asharam Ashram Through Trustee And Authorized Signatory Rajeshkumar Shadilal Bharti – Appellant
Versus
State Of Gujarat & Ors. – Respondents
Letters Patent Appeal No. 107 of 2026 In R/Special Civil Application/11610/2025 With Civil Application (For Interim Relief) No. 1 of 2026 Civil Application (For orders) No. 2 of 2026 With R/Letters Patent Appeal No. 108 of 2026 In R/Special Civil Application No. 11366 of 2025
Decided On : 17-04-2026

Advocates Appeared:
For the Appellant : Mr. Mihir Thakore, Senior Counsel With Mr. Rashesh Sanjanwala, Senior Counsel, Mr. Rudram Trivedi And Mr.Parinaz Fanibanda For Mr. Aadit R Sanjanwala
For the Respondent: Mr. S.H. Virk Mr. Gurusharan H. Virk, Ld. Government Pleader With Ms. Dharitri Pancholi And Mr. Brijensingh Thakur, Government Pleaders

JUDGMENT :

SUNITA AGARWAL, C.J.

1. For the convenience of readers, the judgment is divided into parts as indicated in the table of contents, given hereinbelow :-

Table of contents

Sr. No.	Subject
I.	Introduction
II.	Common Facts of both the Writ Petitions
III.	Contentions Relating To The Current Proceedings
IV.	Appellant’s / petitioner’s case A. Letters Patent Appeal No.108 of2026: Submissions Of Mr.Mihir Thakore, TheLearned Senior Counsel For The Appellant B. Letters Patent Appeal No.107 of 2026:- Submissions Of Mr.R.S. Sanjanwala, TheLearned Senior Counsel For The Appellant
V.	Submissions of Mr. G. H. Virk, the learned Government Pleader for the State respondents
VI.	Arguments in rejoinder of both the sides.
VII.	Analysis A. Facts culled out from the record B. Conclusion

I. INTRODUCTION

2. The abovereferred two letters patent appeals under Clause 15 of the Letters Patent, are directed against two separate orders of the same date passed by the learned Single Judge of this Court in two writ petitions filed by the appellant herein, namely Sant Shri Asharam through its authorized signatory Rajeshkumar Shadilal Bharti.

3. The Special Civil Application No.11610 of 2025 has been filed with the following reliefs:-

“(a) The Hon'ble Court may be pleased to issue an appropriate writ, order or direction to quash and set aside the order dated 18.07.2025 passed by Gujarat Revenue Tribunal in Appeal/AMD/82/2025 (part of Annexure B Colly); (b) Pending hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay operation, implementation and execution of the order dated 18.07.2025 passed by Gujarat Revenue Tribunal in Appeal/AMD/82/2025 (part of Annexure B Colly)

(c) Pending hearing and final disposal of this petition/Application, this Hon'ble Court may be pleased to stay operation, implementation and execution of the order dated 04/04/2025 passed by the City Mamlatdar, Sabarmati, Ahmedabad in No. JMN/DABAAN/MOTERA/CASE No. 5/2023 (part of Annexure B Colly);

(d) Pending the hearing and final disposal of this petition, the Hon'ble Court may be pleased to direct the respondents authorities to maintain status quo and not take any coercive measures to takeover possession of the Petitioner’s Ashram land;

(e) Interim and Ad-interim relief in terms of prayer clause(b)above;

(f) For such other and further reliefs that the Hon’ble Court deems fit in the interest of justice.”

4. In Special Civil Application No.11366 of 2025, following reliefs have been sought for:-

“(a) The Hon'ble Court may be pleased to quash and set aside the order dated 18.07.2025 passed by Gujarat Revenue Tribunal in Appeal/AMD/83/2025 (part of Annexure B Colly);

(b) Pending hearing and final disposal of this petition/Application, this Hon'ble Court may be pleased to stay operation, implementation and execution of the order dated 18.07.2025 passed by Gujarat Revenue Tribunal in Appeal/AMD/83/2025 (part of Annexure B Colly)

(c) Pending hearing and final disposal of this petition/Application, this Hon'ble Court may be pleased to stay operation, implementation and execution of the order dated 04/04/2025 passed by City Deputy Collector (West)Ahmedabad in Sharatbhang/Case No.7/2023;

(e) Interim and Ad-interim relief in terms of prayer clause (b)to (d) above;

(f) For such other and further reliefs that the Hon'ble Court deems fit in the interest of justice.”

5. The writ petitions, thus, were directed against two separate orders of the same date 04.04.2025, passed by the City Mamlatdar, Sabarmati, Ahmedabad in JMN/Dabaan/Motera/Case No.5 of 2023 and City Deputy Collector (West), Ahmedabad in Sharatbhang/Case No.7/2023. The orders of the Gujarat Revenue Tribunal (GRT) are also of the same date in two separate appeals.

6. The learned Single Judge has dismissed bo

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