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SCA/12471/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12471 of 2008
=====================================================
SHAH
HASTIMALIJI KEVALJI & 9 - Petitioner(s)
Versus
JOINT
CHARITY COMMISSIONER & 5 - Respondent(s)
=====================================================
Appearance :
MR
MIHIR JOSHI WITH MR BP MUNSHI for Petitioner(s) : 1 - 10.
MR
HARSHIT S TOLIA for Respondent(s) : 1,
None for Respondent(s) : 2
- 6.
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 13/10/2008
ORAL
ORDER
1. Heard
Mr. Joshi, learned counsel with Mr. B.P. Munsi, learned counsel for
the petitioner and Mr. Toliya, learned counsel for respondent No.2.
2. Prima
facie it appears that the Charity Commissioner has exceeded in his
jurisdiction for inducting the respondent No.1 as trustee titling him
as Patshishya of the original President, though there was no material
to be considered by proved record that during the life time of the
Shri Jitendrasuriswarji Maharaj Saheb and Acharya Labdhichandra
Suriswarji Maharaj Saheb the respondent No.2 was appointed as
Patshishya.
3. The
contention on behalf of the respondent No.2 by Mr. Toliya, learned
counsel is that the Charity Commissioner has found that there are
illegalities committed in functioning and the reputation of some
certain trustees is at cloud and therefore, for better
administration, the instructions have been issued.
4. In
my view, if the authority of respondent No.2, who preferred original
application before the Charity Commissioner is lacking, he could not
have been inducted, but in his place, the Joint Charity Commissioner,
either himself or his any of the officer, who may be appointed by
him, can be substituted to associate with the administration of the
trust and further if any breach of the instruction is found or there
is misapplication of the funds or any illegalities, further action
can also be taken.
5. Hence,
NOTICE returnable on 20.10.2008. By interim order, it
is directed that that order of the Charity Commissioner for so far as
it relates to issuing the instruction dated 17.9.2008, shall continue
to remain in operation but with modification with in place of
original applicant No.1, Joint Charity Commissioner himself or
officer, who may be nominated by him, not below the rank of Assistant
Charity Commissioner shall get substituted. The matter shall be
considered for final disposal on the next returnable date. Direct
service is permitted.
(JAYANT
PATEL, J.)
ynvyas
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