JUDGMENT
Jayant Patel, J.
1. Rule. Mr. Dabhi, AGP appearing for respondents in SCA Nos 4860 & 4889 of 2002 and Mr. H.C. Patel appearing for respondents in SCA No. 4877/2002 waive service of rule respectively. With the consent of parties matters are taken for final hearing.
2. The petitioners have preferred these petitions for appropriate writ, directions for quashing the action of respondents in illegally withholding the refund amounts as mentioned in respective petitions, namely, so far as Spl. C.A. No. 4860/02 is concerned, amount is of Rs. 12,010/-, so far as Spl. C.A.No. 4877/02 is concerned amount is of Rs. 21,774/- and so far as Spl. C.A. No. 4899/02 is concerned amount is of Rs. 17,362/-. In all these petitions common facts and issues are arising and therefore they are being dealt with together.
3. Mr. P.K. Kothari appearing for Mr.Hemani submitted that the Deputy Charity Commissioner has already passed the order in all these matters directing the refund of amounts and though the orders have been passed on 4.7.01 no action whatsoever has been taken by the Charity Commissioner for refunding the amounts. He submitted that this is a clear case of withholding the amounts by the State Govt without any authority of law and it is obligatory on the part of respondent authorities to refund the amounts.
4. On behalf of respondent-Charity Commissioner and Deputy Charity Commissioner Mr.Dabhi and Mr.Patel, Ld.AGPs submitted that the orders which have been passed by the Charity Commissioner dated 4.7.01 are not challenged by anyone and hence the said orders are holding the field. However, they are not able to justify their nondisbursement of amounts.
5. In view of the above facts and circumstances, I am of the view that once the Deputy Charity Commissioner-the competent authority has passed the orders of refund of amounts as mentioned in his respective orders and when the said orders are not reversed or set aside by any higher forum, it is obligatory on the part of the authorities to refund the amounts to the concerned.
6. Since no actions are not taken for implementing the orders of the Deputy Charity Commissioner for refunding the amounts it can clearly be said that the action on the part of State authority is not only unwarranted but unreasonable. The State must act like an ideal citizen and when the local authority had already passed the orders and when there is absolutely no justification to withhold the amounts, exercise to refund the amounts should have been undertaken well within the time. Under the circumstances, it can clearly be said that the action on the part of the State of withholding the amounts is absolutely unreasonable, arbitrary and therefore appropriate direction for refund of amounts as per orders, dated 4.7.01 passed by the Deputy Charity Commissioner is required to be issued.
7. In view of the above, the Charity Commissioner, Ahmedabad-respondent No.1 herein is directed to disburse the amounts, i.e. Rs. 12010/- to the petitioner of Spl. C.A. No. 4860/-, Rs. 21,774/- to the petitioners of Spl. C.A. No. 4877/02 and Rs. 17,362/- to the petitioners of Spl. C.A. No. 4889/02 as per orders, dated 4.7.01 within a period of two months from the date of receipt of writ of this court.
8. In the result, petitions are allowed and rule in each petition is made absolute to the aforesaid extent with no order as to costs.