Dismissed

Jabrusinh Varvaji Vaghela v. State of Gujarat

Gujarat HC26 Sept 2018WPPIL/184/2018

Case brief

AI extract

What is this about?

A PIL was filed seeking a writ of mandamus and interim injunction restraining enforcement of a public notice by Respondent No. 2 and 3. The Chief Justice held that the petitioner was merely an interested party seeking personal relief, not an aggrieved class, and dismissed the petition as not maintainable as a PIL.

What did the court decide?

The petition was dismissed in light of being an inappropriate PIL; liberty granted for other remedies.

Jabrusinh Varvaji Vaghela Vs State of… — Constitutional and Fundamental Rights | Gujarat HC (2018)

¶1

C/WPPIL/184/2018 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) NO. 184 of 2018

¶3

=========================================================

¶4

JABRUSINH VARVAJI VAGHELA

¶5

Versus
STATE OF GUJARAT

¶6

==========================================================

¶7

Appearance:

¶8

MR MAHESHB BARIYA(2234) for the PETITIONER(s) No. 1
V R LODHA(7584) for the PETITIONER(s) No. 1
 for the RESPONDENT(s) No. 1,2,3

¶9

==========================================================

¶10

CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
and

¶11

HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 26/09/2018 ORAL ORDER

¶12

 (PER :HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)

¶13

1.This petition is filed as a Public Interest
Litigation with the prayers which read as under:

¶14

“a.To issue writ of Mandamus or any
writ, order or direction in the nature of
mandamus, ordering and directing the
Respondent No.2 and 3 not to enforce,
implement and take actions pursuant to
said public notice dated 04.09.2018 being
EXHIBIT-A to this Petition against the
Petitioner as well as public in general of
Gandhinagar, in any manner whatsoever.

¶15

b.Pending the hearing and final dispose
of this petition, the Respondent no.2 and
3 their servants and agents be restrained
by an order and injunction of this Hon’ble
Court restraining them from enforcing,
implementing and taking any action and
steps in pursuance of public notice being
EXHIBIT-A to the petition against the
Petitioner and public in general of
Gandhinagar in any manner of whatsoever.

¶16

c.Ad-interim injunction in terms of
prayer [b] above be granted.

¶17

Page 1 of 2

¶18

C/WPPIL/184/2018 ORDER

¶19

d.Cost of this petition be provided
for.

¶20

e.And such and other further relief be
granted in favour of the petitioner the
nature and circumstances of the case may
required.”

¶21

2.We have heard learned counsel appearing for
the petitioner and also perused the material
placed on record. The petitioner himself has
admitted during the course of argument that he is
an affected party and the relief sought is in his
interest. In that view of the matter and having
regard to the High Court of Gujarat [Practice and
Procedure for Public Interest Litigation] Rules,
2010 framed by this Court in exercise of the
powers conferred under Article 225 of the
Constitution of India, wherein in Rule 2(1),
Public Interest Litigation is defined and further
having regard to Rule 3(j) of the aforesaid
Rules, this petition cannot be entertained as a
Public Interest Litigation. Hence, the petition
is dismissed. However, liberty is granted to the
petitioner to resort to any other remedy
available under law.

¶22

(R.SUBHASH REDDY, CJ)

¶23

(VIPUL M. PANCHOLI, J)

¶24

Jani

¶25

Page 2 of 2

Jabrusinh Varvaji Vaghela v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Jabrusinh Varvaji Vaghela v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sanjaykumar Makodbhai Kikani Vs State of Gujarat

Ajit P. Surti Vs v.S.Tripathi

Jayeshkumar Mulabhai Bhambhi Vs State of Gujarat

Khemchand Rajaram Koshti Vs Union of India

Mairaj Mariappah Vs Gujarat University, through Vice Chancellor

Medical Council of India Vs Paresha D/O Lalsinh Solanki