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2020 Supreme(Guj) 937

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, J.
Mahendra Dhisalal Agarwal - Petitioner
Versus
Gujarat Revenue Tribunal & Ors. - Respondents
R/Special Civil Application No. 16954 of 2019 With R/Special Civil Application No. 17940 of 2017 With R/Special Civil Application No. 16957 of 2019 With R/Special Civil Application No. 18224 of 2019 With R/Special Civil Application No. 18250 of 2019 With R/Special Civil Application No. 2715 of 2020 With R/Special Civil Application No. 336 of 2020 With R/Special Civil Application No. 22047 of 2019
Decided On : 02-07-2020

Advocates Appeared:
For the Petitioner: Mr. Salil M. Thakore.
For the Respondent:Ms. Nidhi Vyas, AGP, Mr. P.K. Jani, Senior Advocate assisted by Mr. M.I. Merchant, Mr. Shaivang D. Mehta, Mr. S.P. Majmudar, Mr. V.D. Parghi, Mr. S.N. Soparkar, Senior Advocate assisted by Mr. Archit P. Jani.

Point of Law: Writ of certiorari - There can be little doubt that in a application under Article 227 of the Constitution, the High Court has to see whether the lower courts/tribunal has jurisdiction to deal with the matter and if so, whether the impugned order is vitiated by procedural irregularity; in other words, the court is concerned not with the decision but with the decision making process. On this ground alone, the order of the High Court is liable to set aside

Headnote:
Constitution of India,1950 - Articles 226 and 227 - Bombay Public Trust Act - Section 36 - Writ of or in the nature of certiorari - Order or direction quashing and setting aside order - tenant - Whether the Court can entertain these petitions which are filed by the persons who are not beneficiaries - Group of petitions is filed in connection with an immovable property belonging to a Public Charitable Trust, viz. 'Dhor Charvanu Trust' bearing registration No.E/552/Surat - Essentially the immovable property consists of land bearing block /survey No.6 of village - Root of the dispute is grant permission to sale under Section 36 of the Bombay Public Trusts Act - Petitioners have jointly objected to application under Section 36 of the Act filed with the Joint Charity Commissioner, Surat for the purpose of sale of aforementioned land - Gujarat Revenue Tribunal and Gujarat Revenue Tribunal by the impugned order has upheld such permission –
Finding of the Court:
, High Court is not vested with any unlimited prerogative to correct all kinds of hardship or wrong decisions made within the limits of the jurisdiction of the courts subordinate or tribunals. Exercise of this power and interfering with the orders of the courts or tribunal is restricted to cases of serious dereliction of duty and flagrant violation of fundamental principles of law or justice, where if High Court does not interfere, a grave injustice remains uncorrected - High Court while acting under this Article cannot exercise its power as an appellate court or substitute its own judgment in place of that of the subordinate court to correct an error - High Court can set aside or ignore findings of facts of inferior court or tribunal, if there is no evidence at all to justify or the finding is so perverse can be little doubt that in a application under Article 227 of Constitution, the High Court has to see whether lower courts/tribunal has jurisdiction to deal with the matter and if so - appears to the Court that Charity Commissioner has failed to consider the relevant aspects to decide application under Section 36 when such transaction had failed test of being done in the interest of the trust –
Result: Petition allowed

JUDGMENT :

1. RULE. Learned Advocates appearing for the respective respondents waives service of Rule.

2. This group of petitions is filed in connection with an immovable property belonging to a Public Charitable Trust, viz. 'Dhor Charvanu Trust' bearing registration No.E/552/Surat. Essentially the immovable property consists of land bearing block /survey No.6 of village Pasodara, Kamrej, Surat, admeasuring 71469 sq. mtrs. The root of the dispute is grant of permission to sale under Section 36 of the Bombay Public Trusts Act (“the Act”, for short). The petitioners have jointly objected to the application under Section 36 of the Act filed with the Joint Charity Commissioner, Surat for the purpose of sale of aforementioned land. However, such objections by the objectors /petitioners were rejected and permission to sale was granted. Each of the petitioners had challenged the permission thus granted by filing appeal before the Gujarat Revenue Tribunal and the Gujarat Revenue Tribunal by the impugned order has upheld such permission. The petitioners therefore have respectively filed separate petitions challenging such orders both by the Charity Commissioner and the Gujarat Revenue Tribunal. The prayer clause in each of the petitions is as under : -

SCA No.16954 of 2019

“(A) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other appropriate writ, order or direction calling for the records of Appeal No.AS/04/2018 from the Gujarat Revenue Tribunal and be pleased to quash and set aside final judgment and order dated 6.9.2019 passed by the Gujarat Revenue Tribunal in Appeal No.AS/04/2018 and produced at Annexure A;”

(B) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other writ, order or direction quashing and setting aside order dated 3.5.2018 passed by the Charity Commissioner, Gujarat and produced at Annexure P;”

SCA No.16957 of 2019

“(A) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other appropriate writ, order or direction calling for the records of Appeal No.AA/11/2018 from the Gujarat Revenue Tribunal and be pleased to quash and set aside final judgment and order dated 6.9.2019 passed by the Gujarat Revenue Tribunal in Appeal No.AA/11/2018 and produced at Annexure A;”

SCA No.2715 of 2020

“(A) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other appropriate writ, order or direction calling for the records of Appeal No.AA/33/2018 from the Gujarat Revenue Tribunal and be pleased to quash and set aside final judgment and order dated 06/09/2019 passed by the Gujarat Revenue Tribunal in Appeal No.AA/33/2018 and produced at Annexure A;”

(B) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other writ, order or direction quashing and setting aside order dated 21/05/2018 passed by the Charity Commissioner, Gujarat;”

SCA No.18224 of 2019

(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the judgment and order dated 06/09/2019 passed by the Resp. No.1 in Appeal No.AS/05/2018 and the order dated 21/05/2018 passed of Resp. No.2;”

SCA No.22047 of 2019

(B) That the Hon'ble Court be pleased to issue a writ of or in the nature of cer

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