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CR.MA/10767/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10767 of 2010
=========================================================
JITENDRAPARI
AMRUTPARI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK S SONI for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/10/2010
ORAL
ORDER
Petitioner
claims to be one of the trustees of Bhavani Mata Mandir Trust.
According to him, the authorities under the Bombay Charitable Trust
Act, the Charity Commissioner and the Joint Charity Commissioner
have accepted his claim and orders have been passed for making
changes in the records of the Charity Commissioner. Despite this,
respondent Nos.4 who is the in possession of the temple is not
vacating the premises of the petitioner and therefore needs police
protection to take possession. I do not see how for taking possession
of the temple, police can be utilized. If the petitioner is
entitled to take possession pursuant to the orders passed by the
Charity Commissioner or the Joint Charity Commissioner, it is open
for him to seek execution of such orders by seeking civil remedies
as may be available under law. Without expressing any opinion on
the merits of the same, this petition is dismissed.
(Akil
Kureshi, J.)
(vjn)
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