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SCA/11053/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11053 of 2010
=========================================================
HARIJAN
VELABHAI VAJABHAI & 3 - Petitioner(s)
Versus
PARMAR
GOVINDBHAI KALABHAI & 7 - Respondent(s)
=========================================================
Appearance
:
MR
VM PANCHOLI for
Petitioner(s) : 1 - 4.
None for Respondent(s) : 1 -
8.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/09/2010
ORAL
ORDER
Heard
learned advocate Mr. V.M. Pancholi appearing on behalf of
petitioners.
In
this matter, petitioner has challenged order passed by Charity
Commissioner dated 23rd June 2010, where, Appeal No.21 of
2006 which was preferred by petitioner has been dismissed. Before
Charity Commissioner, petitioner has challenged order passed by
Assistant Charity Commissioner in respect of Change Report No.60 of
2005 dated 14th June 2006. Challenging the aforesaid order
dated 14th June 2006 passed by Assistant Charity
Commissioner, Surendranagar, appeal was preferred by petitioner
before Charity Commission under Section 70 of the Bombay Public Trust
Act.
Against
that, petitioner having alternative effective efficacious statutory
remedy available under Section 72 of the Bombay Public Trust Act,
1950, where, word Court has been defined under
Section 2(4) of the Bombay Public Trust Act. Court
means in the
Greater Bombay, the City Civil Court and elsewhere the District
Court.
Therefore, application can be made by petitioner challenging the
order passed by Charity Commissioner under Section 70 of the Bombay
Public Trust Act before District Court and considering anxiety as
suggested by learned advocate Mr. Pancholi, petitioner can approach
with application of interim relief before District Court concerned
while filing application under Section 72 of the Bombay Public Trust
Act.
Therefore,
this petition is not entertained by this Court only on the ground
that petitioner having alternative effective efficacious statutory
remedy to file application under Section 72 of the Bombay Public
Trust Act before District Court concerned and it is also open for
petitioner to file interim stay application along with main
application before concerned District Court.
Accordingly,
present petition is disposed of by this Court without expressing any
opinion on merits.
[H.K.
RATHOD, J.]
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