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SCA/19266/2005 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 19266 of 2005
==================================================
HIRABHAI
BIJALBHAI SOLANKI - Petitioner(s)
Versus
HARIBHAI
BHAGWANBHAI PATEL & 4 ? Respondent(s)
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Appearance
:
MR MB GANDHI for Petitioner. MR
CHINMAY M GANDHI for Petitioner.
MR AB VYAS for Respondent nos. 1
to 5.,
Mr. H.S.Dave, Assistant GOVERNMENT PLEADER for Respondent
no. 5.
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CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 27/09/2005
ORAL
ORDER
This
petition has been preferred against the order dated 29th
August, 2005 passed by the Joint Charity Commissioner, Ahmedabad
under section 41-A of The Bombay Public Trusts Act, 195-; whereby the
respondent nos. 1 to 4 have been appointed as members of
Administrative committee of Koth Ganpati Maharaj Trust, registered
at Registration no. A-1077, despite
pendency of Change Report Application bearing no. 640 of 1997
pending before Assistant Charity Commissioner(This change report
application was preferred by the respondent nos. 1 to 4).
2. Looking
to contentious issues raised by the petitioner, controversy involved
in the case and considering the facts and circumstances of the case,
as well as the judgment in the case of Navinchandra Jasani and
othrs vs. Pravinchandra Jasani and others, reported in XLVI (1) GLR,
392, issue Rule returnable on 28th October, 2005.
Learned Assistant Government Pleader Mr. H.S.Dave waives service of
notice of Rule on behalf of respondent no. 5.
3. So
far as the question of grant of interim relief is concerned, looking
to the facts and circumstances of the
case, in my view, there is a prima facie case in favour of the
petitioner. The Change Report Application bearing no. 640 of 1997
filed by respondent nos. 1 to 4 is pending before the Assistant
Charity Commissioner, Ahmedabad and also the proceedings of Scheme
application no.17 of 1998 pending before
the Charity Commissioner for finalisation of the scheme under
section 47 of the Act of 1950. Similarly an application bearing no.
41 of 2000 is pending before District Court for appointment of
trustees and therefore, the persons who have applied for change
report have been appointed as committee members of the managing
committee of the Trust. Already one Mr. Gaurang Shah, who is a
Chartered Accountant, has been appointed as a convener of the
managing committee. As other proceedings are pending, it will not
be prejudicial to the activities of the Trust till final hearing of
the petition, if it is managed by Mr. Gaurang
Shah, who is a Chartered Accountant. In view of this interim relief
in terms of para 20(C) is granted in so far as para-1 of operative
part of order dated 29.8.2005 (Annexure ?SE??) passed by the Joint
Charity Commissioner, Ahmedabad in Judicial Misc. Application no. 52
of 2004, is concerned. The respondent nos.1, 2,3 and 4 are hereby
restrained from administering and managing the affairs of the Trust.
Thus, the appointment of respondent nos. 1 to 4 as members of the
managing committee of Koth Ganpati Maharaj
Trust, registered at registration no.
A-1077 is hereby stayed till the final hearing of this petition.
The Registry is directed to enlist this petition for final hearing
on a separate board on the returnable date. Direct service for
respondent nos. 1 to 4.
(D.N.
Patel,J)
***darji
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