R.D.KOTHARI

Parties have come up before this Court via three cases, viz;

(I) First Appeal No.216/1983 arises, as the appellant claims to be aggrieved by the order passed by the District Court, Palanpur, in Civil Misc. Appeal No.12/1981;

(II) Special Civil Application No. 2947/1999 is filed by the then pujari/vahivatkarta of Koteshwar Temple against the order of Special Secretary, and

(III) Special Civil Application No. 13396/2008 is filed by the Administrator, Ambaji Mata Temple Trust against the order passed by the District Court, Palanpur in Civil Misc. Appeal No.57/1991, wherein said Court was pleased to grant interim relief in favour of the plaintiff.

All these three cases were heard simultaneously. Issues involved in all the cases are same and identical, hence three cases are disposed of by this common judgment.

First, case of parties in First Appeal No.216/1983 may be considered.

I. FIRST APPEAL No. 216/1983:

1.1. Interesting question raised by the learned advocate for the appellant about propriety and validity of exercise of powers under section 70A by the Charity Commissioner while dismissing the appellant’s appeal as barred by limitation is raised in First Appeal No. 216/1983.

2. The heir of the appellant or precisely, successor of the original Guru is contesting the present appeal. The appeal has arisen, thus; The original Guru, i.e. Mahant Janardandasji has filed an application for registration of Trust viz. “Shree Valmiki Ashram and Valmikeshwar Mahadev Trust” In the inquiry proceedings being Inquiry Case No. 8/1977 under Sections 18 & 19 of the Bombay Public Trusts Act, 1950, Deputy Charity Commissioner, at the end of inquiry, was pleased to allow the applicant’s application and

passed an order dated 4.6.1979 to the effect that the said Trust be registered under the Bombay Public Trusts Act accordingly. The applicant’s application was contested by the Administrator, Ambaji Mata Temple. The order of the Deputy Charity Commissioner was challenged before the Charity Commissioner by the Administrator, Ambaji Mata Temple by filing an appeal (Revision Application No.15/1980). Therein, the other side had raised an objection of limitation. The Joint Charity Commissioner by his order dated

21.10.1980 was pleased to upheld the objection. It was held that the appeal filed by the Administrator was barred by limitation. However, thereafter, the said authority proceeded to examine the case under Section 70A of the Act and considered the case on merits. In exercise of its powers under Section 70A of the Act, Joint Charity Commissioner was pleased to dismiss the applicant’s application for registration of the abovenamed institution as a separate Trust. The Joint Charity Commissioner had concluded that the applicant’s institution is not distinct/separate from Ambaji Mata Temple and it is integral part of Ambaji Mata Temple Trust. By holding so, the Joint Charity Commissioner dismissed the applicant’s application for registration by order dated 14.11.1980.

3. Being aggrieved by the aforesaid order, the original applicant had preferred an application being Civil Misc. Application No.12/1981 under Section 72 of the said Act before the District Court, Banaskantha at Palanpur. The District Judge, Palanpur by his order dated 6.10.1982 was pleased to dismiss the applicant’s application.

4. Being aggrieved by the dismissal of the aforesaid civil misc. application, the original applicant has preferred the present appeal before this Court.

5. Heard learned advocate Mr. S.P. Majmudar for the appellant and learned Senior Advocate Ms. Ketty Mehta with learned advocate Ms. Archana Acharya for the respondent.

6. Learned advocate Mr. Majmudar has submitted that earlier dismissal of the application by the Joint Charity Commissioner on the ground that the application is barred by limitation is dismissal on merits. Once the appeal is dismissed as barred by limitation, consideration of application by the authority in exercise of its suo motu revisional p