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2017 DIGILAW 1805 (GUJ)

Sikandar Daudbhai Khotiya v. State of Gujarat

2017-11-23

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. This writ petition is filed with the relief’s which read as under: “A.” Your Lordships be pleased to admit this petition. B. Your Lordships may be pleased to direct all the present Respondents Authority No. 1 to 3 to take immediate action against the present Respondent No. 4 and 5 for illegally restrain on entry of the petitioner or any Human being and some class of disciples in the Dargah (Bazam Sharif) of Sufi Sant Saiyed Abdulrehman Shah Chisti Rehamtulla Alyehe situated at Village Ambheta, Taluka-Hasont, Dist.-Bharuch. C. Your Lordships may be pleased to direct all the Respondents Authority No. 1 to 3 to stopped to Respondent No. 4 and 5 for illegally restrain on entry of the petitioner or any Human Being and some class of disciples in the DARGAH (Bazam Sharif) of Sufi Sant Saiyed Abdulrehman Shah Chisti Rehamtulla Alyehe situated at Village Ambheta, Taluka-Hasont, Dist.-Bharuch till this petition is not finally disposed of. D. Your Lordships may be pleased to grant any other relief’s as is deemed fit and necessary in the interest of justice, and as the facts and circumstances of this petition suggest. E. Your Lordships may be pleased to award the costs of this petition.” 2. This Court by order dated 15.11.2017, ordered notice to the respondents. 3. Today, learned counsel appearing for the respondent Nos. 4 and 5 filed an affidavit-in-reply on their behalf. Para 10 of the said affidavit reads as under: “I say that in view of the aforesaid facts and circumstances, the Respondent Nos. 4 and 5 state that they have never restrained any person from visiting the aforesaid Dargah Sharif for the purpose of Ziyarat of Sufi Sant Abdurrehmanulla Shah Chsti and for the purpose of other ibadat, namaz, etc. and accordingly, the Respondent Nos. 4 and 5 undertakes to this Hon'ble Court in future also, they will not restrain any person from visiting the Dargah Sharif only for the purpose of ibadat, ziyarat, namaz, etc.” 4. In view of the stand of respondent Nos. 4 and 5, learned counsel appearing for the petitioner made a request to dispose of the petition. 5. In view of the same, it is not necessary to go into the merits of the matter. However, it is needless to observe that the petitioner should not take any steps which may disturb the peace and tranquility of Dargah. 4 and 5, learned counsel appearing for the petitioner made a request to dispose of the petition. 5. In view of the same, it is not necessary to go into the merits of the matter. However, it is needless to observe that the petitioner should not take any steps which may disturb the peace and tranquility of Dargah. The petition is disposed of. Direct service today is permitted.