SCA/13400/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13400 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= HALPATI SEVA SANGH THRO.PRESIDENT - Petitioner(s) Versus STATE OF GUJARAT THRO.DY.SECRETARY & 1 - Respondent(s) ========================================================= Appearance : MR MK VAKHARIA for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 02/04/2008 ORAL JUDGMENT 1. Rule. Ms. Trusha Patel learned AGP waives service of notice of rule for respondent Nos. 1 SCA/13400/2007 2/3 JUDGMENT and 2. 2. With the consent of the learned Counsel appearing for both the sides, the matter is further heard. 3. The petitioner has preferred the petition for challenging the order Annexure-A dated 1.8.2006 passed by the State Government whereby the decision is taken to not to accept the proposal of the petitioner to grant reregistration of the Ashramshala as prayed by the petitioner. 4. Heard Ms. Amin for Mr. Vakharia learned Counsel for the petitioner, and Ms. Patel learned AGP for the State Authority. 5. Upon hearing learned Counsel appearing for both the sides, and perusal of the order Annexure A, shows that State Government while passing impugned order has not at all recorded any reason whatsoever for declining the proposal of the petitioner for registration of the Ashramshala. 6. It deserves to be recorded that the power of the State Government for such purpose, even if are to be exercised, it must record the reason for SCA/13400/2007 3/3 JUDGMENT granting or not granting proposal. The perusal of the order shows that the only observation made in the order is that after the detailed consideration proposal is not accepted. Such exercise of the power without recording any reasons whatsoever is not permissible. Therefore, order cannot be sustained in the eye of law. 7. Hence, impugned order Annexure A is quashed and set aside with the direction that the State Government shall decide the matter afresh, after considering material on record and after giving opportunity of hearing to the petitioner, as early as possible, preferably within a period of six months form the receipt of the order of this Court. 8. The petition is partly allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. (JAYANT PATEL, J.) Suresh*