SCA/1205820/2001 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12058 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================================= 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 ? ========================================================= MAHASUKHLAL N ANKHAD - Petitioner(s) Versus JOINT CHAIRTY COMMISSIONER & 12 - Respondent(s) ========================================================= Appearance : MR BT RAO WITH MRS NISHA M PARIKH for Petitioner(s) : 1, MS KRINA CALLA, AGP for Respondent(s) : 1, MR VIBHUTI NANAVATI for Respondent(s) : 2 - 4,9 - 11. RULE UNSERVED for Respondent(s) : 5,7 - 8, 12, RULE SERVED for Respondent(s) : 6, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 12/08/2008 ORAL JUDGMENT Learned advocate Mr.Rao appearing for the petitioner states before the Court that he has been supplied with the constitution of the Trust. He SCA/1205820/2001 2/2 JUDGMENT further states that on perusal of the constitution of the Trust he has noticed that there is no provision whereby a person who applied for being a member, his heirs can pursue the remedy. Hence, this Special Civil Application is not maintainable at the instance of the heirs of the person who had applied for being member of the Trust. Learned advocate Mr.Rao seeks permission to withdraw this petition reserving the liberty in favour of the heirs of the petitioner to file fresh proceedings to ventilate their grievance. Permission is granted. Petition is disposed of as withdrawn. Rule is discharged. (Ravi R.Tripathi, J.) /moin