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SCA/1591320/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15913 of 2007
=========================================================
PIRZADA
SAIYED BAHAUDDIN B KADRI - Petitioner(s)
Versus
UNION
OF INDIA & 1 - Respondent(s)
=========================================================
Appearance :
MR
MOHMEDSAIF HAKIM for Petitioner(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1 - 2.
MR HARIN P RAVAL for Respondent(s) : 1 -
2.
MR ANSHIN H DESAI for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 17/07/2008
ORAL
ORDER
The
petitioner by this petition has prayed for challenging the
communication by Superintendent Archaeologist of the Government of
India, whereby the permission to celebrate the function, i.e. Holy
Night within the protected area of Hazira, Pratapnagar is declined.
Upon
hearing Mr.Kharadi, learned counsel appearing for the petitioner as
well as Mr.Desai, learned counsel for Union of India, it appears
that there is dispute about the site and the same is the subject
matter of Second Appeal No.27/06 before this Court.
Earlier,
vide order dated 06.12.2006, this Court (Coram :R.S. Garg, J.) in
Civil Application No. 14074/06, had declined to grant any interim
relief for performance of this ceremony.
However,
Mr. Kharadi, learned counsel appearing for the petitioner submitted
that the Union of India is not impleaded as party in the proceedings
of Second Appeal. Therefore, this Court may consider the matter.
It
appears that even while exercising the power under Article 226 of
the Constitution, the exercise of the power by this Court in the
proceedings of the Second Appeal cannot be nullified. If in the
proceedings of the Second Appeal, the interim relief is not granted,
it cannot be granted in the separate petition under Article 226 of
the Constitution. However, if the petitioner is so desirous for
fresh relief on account of the ensuing function or ceremony, he may
move appropriate application in the proceedings of the Second Appeal
No.27/06 and if the relief is granted or any clarification is
granted, the matter can be pursued by the petitioner.
In
view of the aforesaid, subject to the observations made hereinabove,
the present petition is not entertained at this stage. Disposed of
accordingly. Notice discharged.
(JAYANT PATEL, J.)
*bjoy
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