RAVI R.TRIPATHI, - (1.) AT the request of learned advocates for the parties as hearing for grant of interim relief was to take the same time, the present Letters Patent Appeal is taken up for final hearing and is disposed of by this judgment and order.
(2.) MANAV Kendra Education Trust ­ a Trust registered under the provisions of Bombay Public Trusts Act is before this Court through its Chairman, Jayendra V.Sharma. The appellant is aggrieved by an order passed by the learned Single Judge in Special Civil Application No.8939 of 2013; whereby, the learned Single Judge is pleased to hold that the petitioner is not entitled to any relief and rejected the petition and notice was discharged. To appreciate the controversy involved in the matter, it will be appropriate to look into the prayers made in the petition. Prayers are quoted in the order passed by the learned Single Judge and the same are reproduced for the ready perusal. "23(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside the highhanded action of the respondent Nos.2 and 3 ­ Collector and DSP, Vadodara in giving police assistance to the respondent No.4 for forcefully entering the premises of the petitioner Educational Trust; (B) YOUR LORDSHIPS may be pleased to hold that the action of the respondent No.3 ­ DSP, Vadodara in giving police protection to the respondent No.4 as per the say of the Collector, Vadodara, which is apparently for taking away the peaceful possession of the petitioner Trust is arbitrary, discriminatory and violative of Articles 14 and 19 (1) (g) of the Constitution of India; (C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent No.3 ­ DSP, Vadodara to immediately withdraw the police protection given to the respondent No.4 and to assist the petitioner and provide necessary protection to the petitioner regarding occupying and continuing with the peaceful possession and educational activity at the premises in question where the school is run by the petitioner; (D) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent No.3 ­ DSP, Vadodara to give all assistance to the petitioner Trust to continue in peacefully occupying the premises in question and running the School activities without any disturbance by the respondent No.4 Trust; 23(d) and further be pleased to direct respondent no.2 and 3 to remove the persons who have illegally entered into the school premises with the help of police due to illegal and arbitrary action of respondent nos.2 and 3; (amendment carried out as per Court's order dated 23.05.2013) (E) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct the respondent No.3 ­ DSP, Vadodara to immediately withdraw the police protection given to the respondent No.4 and to assist the petitioner and provide necessary protection to the petitioner for continuing with the peaceful possession and running its educational activity at the premises in question; 23(ee) during the pendency and final disposal of the present petition, Your Lordships may be pleased to restrain the respondent No.4 or its servants, agents etc. from entering into the premises in question and creating nuisance at the said premises where Manav Kendra Gyan Mandir School is run and managed by the petitioner and further be pleased to restrain the respondent no.4 or its servants, agents etc. from obstructing the petitioner in any manner whatsoever for running and managing the said school in a peaceful manner. (amendment carried out as per Court's order dated 23.5.2013.) (F) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case" . (Emphasis supplied).
(3.) FROM the aforesaid prayers, it can be noted that the case of the appellant-original petitioner is that they were in possession of premises in question and that they are dispossessed by respondent No.4-Trust by taking assistance of police protection provided at the behest of respondent No.2 by respondent No.3.;