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SCA/12920/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12920 of 2010
=========================================================
HEIRS
OF SAMSUMIYA DOSAMIYA, KHURESHI MUKHTIYARBHAI SIKANDAR & 10 -
Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DEVAN PARIKH for
Petitioner(s) : 1 - 11.MR MUKESH N VAIDYA for Petitioner(s) : 1 -
11.
GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/10/2010
ORAL
ORDER
Heard
learned advocate Mr.Devang Parikh with learned advocate Mr.Mukesh
Vaidya appearing on behalf of petitioner and learned AGP Mr.Amit
Patel appearing on behalf of respondent No.1 – State
authority.
In
this matter, petitioner has challenged order dated 13.08.2010 passed
by Charity Commissioner in Application No.36/65/2008 (Page-134).
This order has been passed by Charity Commissioner while exercising
power under Section 36 of Bombay Public Trust Act, 1950. Petitioner
is having alternative, effective, statutory and efficacious remedy
to file an appeal before Gujarat Revenue Tribunal under Section
36(3) of Bombay Public Trust Act, 1950, therefore, only on that
ground, this petition is not entertained by this Court. Let
petitioner may prefer an appeal before Gujarat Revenue Tribunal as
required under Section 36(3) of Bombay Public Trust Act within a
period of 10 days from the date of receiving a copy of this order.
Under
Bombay Public Trust Act, 1950, Appeal is required to be filed within
30 days from the date of publication of order passed by Charity
Commissioner, therefore, learned advocate Mr.Parikh has requested
this Court to make suitable observation, so that, time consumed in
present proceeding may not come in way and question of delay may not
be raised by Gujarat Revenue Tribunal.
It
is directed to Gujarat Revenue Tribunal to entertain appeal, if it
is filed within 10 days from the date of receiving a copy of this
order and decide the matter on merits, after giving reasonable
opportunity of hearing to respective parties. It is further directed
to Gujarat Revenue Tribunal to decide interim relief application
first, if so preferred by petitioner, as early as possible and to
pass appropriate reasoned order within a period of 1(One) month,
from the date of receiving application from petitioner.
In
view of aforesaid observations and directions, present petition is
disposed of by this Court, without expressing any opinion on merits.
Direct
service is permitted.
[H.K.RATHOD,
J.]
..mitesh..
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