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SCA/6527/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6527 of 2010
=========================================
MANUBHAI
JHAVERBHAI PATEL AND OTHERS
Versus
BHUPENDRAKUMAR
BHIKHALAL SHAH AND OTHERS
=========================================Appearance
:
MR BB NAIK,
senior advocate with MR DHAVAL M BAROT
for the Petitioners
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 27/05/2010
ORAL
ORDER
NOTICE
returnable on 21st June 2010.
Heard
learned senior advocate Mr. B.B. Naik with Mr. Dhaval Barot for the
petitioners. The learned senior advocate for the petitioners submits
that the Charity Commissioner, respondent No.11, has passed an order
beyond the scope of Section 41-A of the Bombay Public Trusts Act.
He further submitted that so far as the order impugned is concerned,
the Charity Commissioner has issued an order of injunction from
putting up any construction on the land which, according to the
Charity Commissioner, is of the ownership of the Trust.
The
learned senior advocate for the petitioners submitted that the
construction was going on since 2008 after the sale deed was executed
in the year 2007. He further submitted that the construction is going
on after getting the plans approved and ‘Raja Chitthi’ issued
by the Gandhinagar Urban Development Authority.
The
learned senior advocate for the petitioners made it clear that he
has no objection if other steps, which are directed by the Charity
Commissioner, are taken so as to get the dispute between the parties
adjudicated once for all by resorting to legal process.
In
view of the aforesaid averments and submissions made by the learned
senior advocate for the petitioners, it is deemed proper that order
dated 23.4.2010 be modified to the extent that the injunction
against construction is vacated, on an undertaking, being filed by
the present petitioners within one week, i.e. on or before 4.6.2010,
to the effect that, ‘the petitioners will not claim any equity on
the basis of the construction put up by them in the land’. Order
accordingly.
The
learned senior advocate for the petitioners submitted that so far
as the petitioners are concerned, they have already sold the plot
to concerned parties and without impleading them as party, the
Charity Commissioner ought not to have passed order that, ‘property
should not be transferred to any person’.
The
learned senior advocate for the petitioners submitted that the
petitioners are ready to undertake to this Court that they will not
transfer any plot to anybody. But, this undertaking will not
include transfer by third party, to whom the petitioners have already
sold in past. It is made clear that the other directions issued by
the said order continue with a rider that those directions will be
given effect only in accordance with law and not without following
the required procedure.
Direct
service is permitted.
(RAVI
R.TRIPATHI, J.)
omkar
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