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Civil · Reportable judgment

Tushar Arun Gandhi vs State of Gujarat and Ors.

Court
Supreme Court of India
Date
1 April 2022
Case No.
Civil Appeal No. 2660 of 2022
Result
Allowed
Bench
D.Y. Chandrachud, Surya Kant
Citation
[2022] 13 S.C.R. 911 : 2022 INSC 383
Supreme Court Reports [2022] 13 S.C.R. 911 : 2022 INSC 383
Headnote

Public Interest Litigation – Sabarmati Ashram – Redevelopment of – The Government of Gujarat issued a Resolution which constituted Governing Council and an Executive Council for the development of the Gandhi Ashram Memorial (Sabarmati Ashram) – The appellant filed a petition before the High Court u/Art. 226 of the Constitution in the form of a Public Interest Litigation challenging the Government Resolution – The appellant has also sought a direction that the work of redevelopment at the Ashram should be “spearheaded by the Trusts which presently run the Ashram” – Division Bench of the High Court disposed of the petition holding that the petition u/Art. 226 is not required to be entertained in view of the undertaking furnished by the Advocate General for the State – On appeal, held: The High Court did not call for an affidavit in reply from the State of Gujarat in response to the petition, before it proceeded to dispose of the writ petition – It would have been appropriate for the High Court to decide upon the issues which are raised in the petition after furnishing to the State of Gujarat an opportunity – Prima facie, the matter is required to be remanded to the High Court – The Court has not entered into the merits of the issues which are sought to be raised by the appellant before the High Court – The High Court would form a fresh view after allowing the pleadings to be completed and hearing the parties – Therefore, appeal is allowed and the impugned judgment of the High Court is set aside – Writ petition restored to the file of the High Court.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. 1. Leave granted. 2. The appellant instituted a petition before the Gujarat High Court under Article 226 of the Constitution in the form of a Public Interest Litigation to challenge a Government Resolution dated 5 March 2021 issued by the Government of Gujarat. The Government Resolution constitutes a Governing Council and an Executive Council for the development of the Gandhi Ashram Memorial (popularly known as the Sabarmati Ashram)- a charitable trust established to conserve the writings, photos and multimedia mate
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