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SCA/1293/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1293 of 2010
=========================================================
PRASHANVADANBHAI
M MEHTA - Petitioner(s)
Versus
ASSISTANT
CHARITY COMMISSIONER - Respondent(s)
=========================================================
Appearance
:
MR
MIHIR JOSHI, SR. COUNSEL WITH MR
HARSHIT S TOLIA for Petitioner(s) : 1,MR PARTH S TOLIA for
Petitioner(s) : 1,
MR CB UPADHYAYA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 23/02/2010
ORAL
ORDER
1.0 The
present petition has been preferred challenging the order dated
02.02.2010 passed by the respondent Assistant Charity
Commissioner, Bhavnagar in Misc. Application No. 1 of 2010 thereby
removing the name of the petitioner from the Register (PTR) as a
trustee of the Trust known as Daxinamurthy Vidyarthi Bhavan Trust.
2.0 On
10.02.2010, this Court issued Notice to the respondent and ad-interim
relief was granted to the petitioner.
3.0 Today,
when the matter is taken up for hearing, learned Senior Counsel
appearing for the petitioner submitted that the District Court is the
only proper authority before whom the application with regard to
appointment (including removal) of the Trustees is maintainable and
Charity Commissioner has no jurisdiction in this regard.
4.0 Mr.
Upadhyaya, learned Assistant Government Pleader for the respondent
stated that impugned order dated 02.02.2010 is withdrawn without
prejudice to the rights and contentions of the parties.
5.0 In
that view of that matter, the contention raised by the petitioner
would not survive. Petition is disposed of accordingly. Notice is
discharged with no order as to costs. Ad-interim relief granted
earlier stands vacated.
6.0 It
is also stated by the learned Senior Counsel for the petitioner that
the petitioner has already filed application before the District
Court, Bhavnagar. Therefore, the District Court, Bhavnagar will
decide the same as expeditiously as possible.
(K.S.JHAVERI,
J.)
niru*
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