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1972 Supreme(Guj) 77

S.H.SHETH, P.D.DESAI
Charity Commissioner, Gujarat State – Appellant
Versus
Balashanker Mahashanker Bhattji – Respondent


Advocates Appeared: I.C.BHATT, K.M.CHHAYA, N.R.OZA

S. H. SHETH, J.

( 1 ) NEAR the town of Champaner in Halol taluka of Panchamahals District there is a hill called Pavagadh hill. On that hill are situate temples of Kalika Mataji, bhadrakali Mataji, Annapurna Mataji and budhia Darwajani Budhia Mataji. In the village of Champaner there. is a ranchhodji temple and also a Haveli. After the Bombay Public Trusts Act, 1950 came into force the petitioners filled in forms under the said Act sometime in 1952 for registration of two of the temples as public trusts. They did so under protest. That application related to the temples of Kalika Mataji and Bhadrakali mataji. On 6th June 1958 the Assistant charity Commissioner after holding the inquiry ordered the registration of all these five temples and Havali as public trust properties. The order was recorded on Application No. 6892 of 1952. It was the contention of the present respondents that all the aforesaid properties were proper ties of their private ownership. The Assistant Charity Commissioner by his aforesaid order rejected that contention of the respondents.

( 2 ) THE respondents appealed against that order to the Charity Commissioner. The Deputy Charity Commissioner decided the appea










































































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