JUDGMENT : Aniruddha P. Mayee, J. 1. Rule. Rule returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of rule for the respondents. 2. The present Special Civil Application has been filed praying for the following reliefs:- “9(A) YOUR LORDSHIP may be pleased to admit and allowed this petition. (B) YOUR LORDSHIP may be pleased to issue writ, order or direction to hold and declare the petitioner no.1 Bhikhiben Hareshbhai Chaudhary (Valaganth) as a guardian of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and further be pleased to hold and declare that the petitioner no.1 is manager of all three properties mentioned in paragraph no.5 of the petition belonging to Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). (C) Pending the issuance of notice, admission and final hearing of the present petition be pleased to direct the concerned respondent or any other sub ordinate officer to submit factual medical report before this Hon'ble Court in connection with the health condition of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) within stipulated time as may be decided by this Hon'ble Court.” 3. The brief facts of the petitioners case is that, Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) is not in a good health since he has suffered Brain Hemorrhage and has undergone treatment, but he is still in comatose stage. Due to the said condition, he is not able to understand any language and requires constant aid and supervision as well as active medical monitoring. It is submitted that the petitioners who are the family members of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) are facing difficulties in managing the financial affairs. It is submitted that the petitioner No.1 is a wife of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and petitioner Nos.2 to 4 are their three children. The petitioner No.4 being a minor, is represented by the petitioner No.1, who is his mother. It is further submitted that the petitioners are residing together at the address as mentioned in the cause title of the writ petition. 4. That the petitioners submit that said Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) has jointly purchased immovable properties in his name which includes, (1) Survey Number: 1525 (old Survey No.317/1) admeasuring Hector 0-29-48 Sq. Mts. situated in sim of village Vedancha’ (2) Survey No.1527 admeasuring hector 0-40-61 and Survey No.1529 paiki admeasuring Hector 0-79-93 situated in the sim of village Vedancha; and (3) Survey No.1591 admeasuring 0-29-63 Sq. Mts. situated in Palanpur Kasba. Mts. situated in sim of village Vedancha’ (2) Survey No.1527 admeasuring hector 0-40-61 and Survey No.1529 paiki admeasuring Hector 0-79-93 situated in the sim of village Vedancha; and (3) Survey No.1591 admeasuring 0-29-63 Sq. Mts. situated in Palanpur Kasba. The petitioners have to sale out the aforementioned properties to maintain the family as well as to incur medical expenses of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). It is submitted that other partners in the said properties do not have any objection in selling the said properties. In addition, said Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) is having other joint family properties like agricultural lands, shops, etc. which shall be managed and operated in the best interest of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). 5. That this Court had called for the medical report vide order dated 28.8.2024. By affidavit-in-reply dated 23.9.2024, the Collector, Banaskantha has submitted the report of the Chief District Medical Officer, which reads as under:- “He is Aphasic and irritable, not following verbal commands. He is not in position to take his food himself. He is on Ryle’s tube feeding. He has hemiplegic in right extremities with deformities. He is having spontaneous movements in left extremities. He is chronic bed ridden and unable to carryout daily activities by himself. He needs personal care and physiotherapy regularly.” 6. It is, therefore, submitted that the petitioner No.1 Bhikhiben Hareshbhai Meghrajbhai Chaudhary (Valaganth) be appointed as a Guardian of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and further to hold and declare that the petitioner No.1 is the Manager of all the three properties of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). 7. Heard learned advocate for the petitioner and perused the documents on record. 8. From the medical report as submitted by the Collector, Banaskantha, it is clear that Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) is chronic bed ridden and unable to carryout daily activities by himself and needs personal care and physiotherapy regularly. 9. That there are various Acts dealing with the appointment of Guardian for the respective purposes. So far as the persons who are in comatose is concerned, there is no legislative enactment providing for appointment of Guardian and the Court under Article 226 of the Constitution of India exercises the jurisdiction akin to parens patriae. The Court has to step in such cases. So far as the persons who are in comatose is concerned, there is no legislative enactment providing for appointment of Guardian and the Court under Article 226 of the Constitution of India exercises the jurisdiction akin to parens patriae. The Court has to step in such cases. Various High Courts have dealt with this issue and have held that the Court in its extraordinary jurisdiction under Article 226 of the Constitution of India may act as a parens patriae and can pass orders by issuing necessary directions sub-serving the ends of justice. Even this Court in case of Kumudben Arvindbhai Vadera vs. State of Gujarat - 2020 GLH (4) 507 while accepting the plea of the petitioner has appointed her as a Guardian by incorporating various conditions. In view of the consistent view by various High Courts and also taking into consideration the doctrine of parens patriae, this Court is inclined to allow the present writ petition along with necessary directions. 10. In view of the above observations and reasons, the present writ petition is allowed. The petitioner No.1 – Bhikhiben wife of Hareshbhai Meghrajbhai Chaudhary (Valaganth) is declared as Guardian of patient Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and the Manager of the three properties mentioned hereinabove belong to Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). The petitioner No.1 having been appointed as a Guardian and Manager is also permitted and authorized to operate the movable and immovable properties including lands and bank accounts of patient Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). In order to ensure that the present order is adhered to and is observed in true letter and spirit, following conditions are imposed:- “i. The petitioner no.1 - Guardian, shall act always in the best interest of the patient suffering from “comatose state” and shall be responsible for medical care and treatment. ii. The petitioner no.1 – Guardian shall file, every three months, a report with the Registrar General, High Court of Gujarat, adverting to the transactions undertaken by the petitioner no.1 – Guardian in respect of the movable and immovable properties as indicated in paragraph 5 of the writ petition. Besides, the report shall also indicate the funds, if any, received by the Guardian and their utilization, for the purpose of maintaining the patient. iii. Besides, the report shall also indicate the funds, if any, received by the Guardian and their utilization, for the purpose of maintaining the patient. iii. The Registrar General, High Court of Gujarat, shall cause a separate register to be maintained which shall set out, inter alia, the details of the proceedings, the details of the person appointed as a Guardian and orders, if any, passed after the appointment of the Guardian. Measures shall also be taken by the Registrar General, High Court of Gujarat to preserve the reports filed by the petitioner No.1 – Guardian from time to time. iv. It should be ensured that there is no misuse of the power or misappropriation of the funds and if, there is, any, or there is no requisite care and protection or support with regard to the treatment being extended to the patient, it will be open to place the matter for further consideration of this Court and to reopen and revoke the power, to take appropriate action against the petitioner No.1 – Guardian. It will be also open for the Court to appoint another person/public authority/Social Welfare Officer as the Guardian. v. It shall be the duty of the petitioner No.1 – Guardian to meet the obligations/duties similar to those as described under Section 15 and to maintain and submit the accounts similar to those contained in Section 16 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities” Act, 1999. vi. The petitioner No.1 – Guardian, shall intimate her appointment to the public official/Social Welfare Officer or officer of the equivalent rank designated by the State Government. The petitioner No.1 – Guardian as well as the Registrar General, High Court of Gujarat, will cause a copy of this order of guardianship being served upon such officer. Such officer, shall visit the person lying in comatose state at least twice in a month and will generate report of his/her visit. If it is found that the petitioner No.1 – Guardian is not acting in the best interest of the patient lying in comatose state, such officer will be at liberty to file appropriate application before this Court at the earliest, seeking appropriate directions. vii. If it is found that the petitioner No.1 – Guardian is not acting in the best interest of the patient lying in comatose state, such officer will be at liberty to file appropriate application before this Court at the earliest, seeking appropriate directions. vii. The transactions in respect of the movable and immovable properties of the patient by the petitioner No.1 – Guardian, shall be strictly in accordance with the provisions of law. If the petitioner No.1 – Guardian is found to be abusing the power or neglects or acts contrary to the best interest of the patient lying in comatose state, it will be open to any relative or next friend to apply to this Court for removal of such Guardian. viii. In case a relative or a next friend of the patient lying in a comatose state finds that the Guardian is not acting in the best interest of the patient, such person will also have the locus to approach this Court for issuance of appropriate directions and/or for removal of the Guardian. ix. The petitioner No.1 - Guardian shall seek and obtain specific permission from this Court, if he/she intends to transfer the patient lying in a comatose state from the jurisdiction of this Court to another State and/or Country, whether it be for availing better treatment or otherwise. 11. It is made clear that this order shall remain operative until the patient, i.e. Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth), remains in comatose state. 12. With the aforesaid directions, the writ petition stands allowed. Rule is made absolute to the aforesaid extent. No order as to costs. 13. Let a copy of this order be circulated to the Registrar General, High Court of Gujarat for information and necessary compliance.