LAWS(GJH)-2022-7-599

PAVITRA HARSHADRAI JANI Vs. STATE OF GUJARAT

Decided On July 20, 2022
Pavitra Harshadrai Jani Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India in which the petitioner has prayed for the following relief/s:

(2.) Heard learned Senior Advocate Mr. Mihir Thakore assisted by learned advocate Mr. C. B. Upadhyay with learned advocate Mr. Yash G. Patel for the petitioner, learned Senior Advocate Mr. Sudhir I. Nanavati assisted by learned advocate Mr. Mrugen Purohit for respondent No.4, learned Senior Advocate Mr. Asim Pandya assisted by learned advocate Mr. Manan Bhatt for respondent Nos. 5 and 6 and learned APP Mr. H. K. Patel for respondent Nos. 1 to 3.

(3.) The petitioner has filed the present petition under Article 226 of the Constitution of India as observed hereinabove in which it has been mainly stated that one Yogi Divine Society came to be registered as a Society under the provisions of the Societies Registration Act , 1860 in the year 1974. It is further submitted that from the incorporation and inception of the said Trust, Guru Shri Hariprasad Das Ji was the President, Administrator and Spiritual Head of the aforesaid Trust till his last abode on 26/7/2021. It is stated that after the death of Shri Hariprasad Das Ji in the month of July, 2021, the devotees of Haridham, Sokhada, Vadodara were residing at Akshar Purshottam Swami Temple, Haridham, Sokhada, Vadodara. It is alleged that at the given point of time, approximately 400 Sadhus, Sadhavis and Devotees of Haridham, Sokhada, Vadodara were not allowed to move out from Akshar Purshottam Swami Temple, Haridham, Sokhada, Vadodara from last four months and they have been illegally confined by three persons named in para 3.6 of the petition. The petitioner has, therefore, filed present petition alleging that the concerned private respondents have illegally confined the aforesaid persons.