Gujarat Valand Sewa Sangh and Others vs Members of Gujarat Valand Sewa Sangh- Public Trust and Others

Honourable Mr. Justice Rajesh H. Shukla

The First Appeal has been filed by the appellants- original opponent nos. 2 to 32. Being aggrieved by the judgment and order passed in Civil Misc. Application No. 51 of 2011 by the City Civil & Sessions Court, Ahmedabad, dated 25.09.2012 for quashing and setting aside the order of the Charity Commissioner on the ground of the set out in the memo of the present Appeal from Order. Heard Shri Nirav C. Thakkar, learned counsel for the appellants, Shri P.J. Kanabar, learned counsel appearing for the respondents no. 1 to 3 and Ms. Reeta Chandarana, learned counsel for respondent no. 4- Charity Commissioner.

After arguing for sometime, referring to the provision of Bombay Public Trusts Act, 1951 particularly Section 50-A read with Rules and also the order passed by the City Civil & Sessions Court, as well as the order passed by the Charity Commissioner, learned counsel Shri Nirav C. Thakkar has submitted that let the matter be remanded back for giving opportunity of hearing as well as considering the submissions about the satisfaction of the Charity Commissioner on the basis of material which is not reflected in the order. The Charity Commissioner may be directed to decide afresh in accordance with law.

Therefore, in view of this rival submissions and also in view of the judgment reported in DR. Chhotubhai L. Patel Vs. The State of Gujarat and Others, , the impugned order passed by the City Civil and Sessions Court in Civil Misc. Application No. 51 of 2011, dated 25.09.2012 is quashed and, set aside with a view to provide opportunity to both the sides of hearing. The impugned order of the City Civil and Sessions Court quashing and setting aside the order of the Charity Commissioner is disturbing only for the purpose of remanding the matter back to decide the issues in context of the provision of Section 50-A of the Bombay Public Trusts Act, 1951. The Charity Commissioner is directed to decide Scheme Application No. 24 of 2010 in accordance with law after providing the opportunity to the respondents no. 1 to 3 and also any one who is interested by giving public notice in daily news paper with vide circulation. The Charity Commissioner shall decide on the basis of material that may be placed by both the sides and shall pass the appropriate order. This exercise will be done after providing opportunity of hearing to all concerned. The Scheme Application No. 24 of 2010 shall be decided by the learned Charity Commissioner preferably within a period of four months.

With the aforesaid observations and directions, the present First Appeal No. 3464 of 2012 with Civil Application No. 12054 of 2012 stands allowed. Civil Application No. 12289 of 2012 also stands disposed of.

The Charity Commissioner shall decide on its own merits and will not be influenced by order of this Court. The order of the City Civil & Sessions Court, as well as the order passed by the Charity Commissioner, dated 18.12.2010 in Scheme Application No. 24 of 2010 is quashed and set aside. In the meanwhile, the day to day affairs of the trust may be permitted to be carried out without prejudice to the trust, though no major decision with regard to any matter affecting in the trust or the major expenses may be taken without permission of the Charity Commissioner if need be arise. The application may be made to the Charity Commissioner who will decide any such application in accordance with law.