TUSHAR ARUN GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellant instituted a petition before the Gujarat High Court under Article 226 of the Constitution in the form of a Public Interest Litigation to challenge a Government Resolution dtd. 5/3/2021 issued by the Government of Gujarat. The Government Resolution constitutes a Governing Council and an Executive Council for the development of the Gandhi Ashram Memorial (popularly known as the Sabarmati Ashram)- a charitable trust established to conserve the writings, photos and multimedia material of Mahatma Gandhi and Kasturba Gandhi, its precinct, and surrounding areas. Besides the challenge to the Government Resolution, the appellant has sought a direction that the work of redevelopment at the Ashram should be "spearheaded by the Trusts which presently run the Ashram" under the auspices of the second respondent, while allowing for funding by the Central and State Governments. According to the appellant, the work of redevelopment ought to remain within the domain of the second to seventh respondents.

(3.) By a judgment dtd. 25/11/2021, a Division Bench of the High Court of Gujarat, disposed of the petition holding that the petition under Article 226 "is not required to be entertained" in view of the submission of and undertaking furnished by the Advocate General for the State of Gujarat. The undertaking which has been referred to in the concluding paragraph of the judgment of the High Court and the submission are recorded in paragraph 7 of the impugned judgment which is extracted below: