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SCA/12712/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12712 of 2008
=========================================================
VIJAYDEEP
SEVA TRUST & 1 - Petitioner(s)
Versus
JOINT
CHARITY COMMISSIONER - Respondent(s)
=========================================================
Appearance :
MR
EKANT G AHUJA for Petitioner(s) : 1 -
2.
GOVERNMENT PLEADER for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 20/10/2008
ORAL
ORDER
The
petitioners by this petition has challenged the order dated
16.09.2008 passed by the Charity Commissioner in suo motu revision
proceeding No.209/08, whereby, by way of an ex parte order, he is
prohibited to use the premises of the Trust for playing Rummy and
the petitioners are called upon to explain as to why ex parte
direction should not be confirmed.
Upon
hearing Mr.Shah, for the petitioners, it appears that it is
admittedly an ex parte order has passed by the Charity Commissioner
and the petitioners are called upon to show cause as to why the
injunction should not be confirmed.
Such
an exercise of the power when the matter is at large to be
considered by the Charity Commissioner does not call for
interference by this Court by this Court in a petition under Article
226/227 of the Constitution of India.
The
attempt on the part of the learned counsel for the petitioners was
to rely upon the decision of this Court (Coram:D.A.Mehta, J.) dated
28.11.2007 in Special Civil Application No.9332/07 for contending
that such an order of the Charity Commissioner was sanctioned by
this Court in similar suo motu revision proceedings.
The
learned counsel for the petitioners upon further query of the Court
has made available the order dated 11.12.2006 in Judicial Misc.
Application No.12/06 which was subject matter of Special Civil
Application No.9332/07 and the perusal of the said order shows that
it was by parte order passed by the Charity Commissioner, not the ex
parte order as in the present case.
Under
these circumstances, the reliance placed cannot be considered at
this stage. The petitioners can always appear before the Charity
Commissioner and show cause about the vacation or modification of
the order, as the case may be.
Mr.Shah,
learned counsel appearing for the petitioners submitted that the
petitioners have already appeared and submitted the reply. However,
the Charity Commissioner has not decided the same or the date is not
fixed.
If
such is the situation, the Charity Commissioner shall make an
attempt to hear the application as early as possible, preferably
within a period of one month from the receipt of the order of this
Court.
Subject
to the aforesaid observations, the present petition is not
entertained.
(JAYANT PATEL, J.)
*bjoy
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