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LPA/2205/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2205 of 2010
In
SPECIAL CIVIL APPLICATION No. 8821 of 2010
With
CIVIL APPLICATION No. 11277 of 2010
In
LETTERS PATENT APPEAL No. 2205 of
2010
=================================================
MALAV
JASWANTLAL & 6 - Appellant(s)
Versus
BABUBHAI
J SHAH & 15 - Respondent(s)
=================================================
MR
SHITAL R PATEL for Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5,1.2.6
None for Respondent(s) : 1 -
16.
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/10/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
appeal has been preferred by the appellant-petitioner against the
order dated 30.07.2010 passed by the learned Single Judge in Special
Civil Application No.8821 of 2010. By the said order, learned Single
Judge allowed the petitioner to avail alternative efficacious remedy
u/Sec.41A of the Bombay Public Trusts Act, 1950.
Learned
counsel for the petitioner would submit that the petitioner had also
raised the question relating to de-registration, but such matter has
not been discussed nor decided by the learned Single Judge. The
Charity Commissioner has no jurisdiction u/Sec.41A to decide the
aforesaid issue. However, as we find from the order that such
question relating to de-registration of the trust has not been raised
nor answered, we are not inclined to give any finding on merit in
this regard. Petitioner, if so chooses, may prefer a review petition
before the learned Single Judge. The Letters Patent Appeal and Civil
Application both stand disposed of.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
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