Judgment

B. K. Mukherjea, J.

These two connected appeals are directed against a common judgment of a Division Bench of the Bombay High Court dated 12-9-1952, by which the learned Judges dismissed two petitions under Art. 226 of the Constitution presented respectively by the appellants in the two appeals.

2. The petitioners in both the cases assailed the constitutional validity of the Act known as the Bombay Public Trusts Act, 1950 (Act 29 of 1950) which was passed by the Bombay Legislature with a view to regulate and make better provisions for the administration of the public and religious trusts in the state of Bombay. By a notification dated 30-1-1951 the Act was brought into force on and from 1-3-1951 and its provisions were made applicable to temples, maths and all other trusts, express or constructive, for either a public, religious or charitable purpose or both. The State of Bombay figures as the first respondent in both the appeals and the second respondent is the Charity Commissioner, appointed by the first respondent under S. 3 of the impugned Act to carry out the provisions of the Act throughout the State of Bombay. In one of the appeals, namely, Appeal No. 1 of 1954, the As