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SCA/9690/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9690 of 2011
=========================================
PATEL
RATILAL NARANDAS & 13 - Petitioner(s)
Versus
RAJPUT
PRATAPJI MADAJI & 3 - Respondent(s)
=========================================
Appearance
:
MR HARNISH
V DARJI for
Petitioner(s) : 1 - 14.
None for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 30/08/2011
ORAL
ORDER
The
present petition has been filed by the petitioners under Art. 226 as
well as under Art. 14, 19 and 21 of the Constitution of India and
also under the provisions of the Bombay Public Trusts Act, 1950 for
the prayer that appropriate writ, order or direction may be issued
quashing and setting aside the order in Misc. Civil Appeal No.
25/2005 dated 15.12.2010 passed by the learned Presiding Officer &
Addl. District Judge, Mehsana, and also for the prayer to quash and
set aside the order below Ex. 8 in Revision Application No. 14/2004
dated 21.3.2005 passed by In-charge Charity Commissioner, Ahmedabad,
and also for the direction to restore the order passed on Change
Report No. 280/2002 dated 26.8.2002 passed by the learned Asst.
Charity Commissioner, Mehsana.
2. Heard
learned advocate Mr. Darji for the petitioners.
3. Without
going into the merits, since as per the order passed in Misc. Civil
Appeal No. 25/2005 dated 15.12.2010, the Charity Commissioner has
remanded the matter back to the Asst. Charity Commissioner for
deciding afresh, learned advocate Mr. Darji does not press this
petition at this stage. Therefore, the Asst. Charity Commissioner
shall decide the matter afresh in accordance with law after providing
an opportunity of hearing to all concerned including the present
petitioners and shall consider the objections and the contentions
raised by the petitioners on merits. The Asst. Charity Commissioner
shall therefore decide the contentions with regard to the Change
Report no. 280/2002 within a period of three months from today after
hearing all concerned.
4. It
goes without saying that he shall decide the same on merits in
accordance with law without being influenced by the order passed by
the learned Addl. District Judge in Misc. Civil Appeal No. 25/2005
as well as the Charity Commissioner and it is also clarified that
this court has also not considered the merits of the case either way.
Therefore, he will pass appropriate order in accordance with law on
merits after hearing all concerned.
5. With
the aforesaid observations, the present petition stands disposed of
as not pressed. D.S. permitted.
(Rajesh
H. Shukla, J.)
(hn)
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