JUDGMENT :

1. The present writ-application is filed under Article 226 of the Constitution of India by the writ-applicants seeking the following reliefs :-

“[A] THIS HONOURABLE COURT may be pleased to issue a writ of certiorari or a writ in the nature of certiorari and/ or any other appropriate writ, order or direction and may be pleased to quash and set aside the impugned order dated 18.1.2022 (Annexure-A) passed by the learned Joint Charity Commissioner in Scheme Application No.3 of 2021 and may be pleased to direct the learned Joint Charity Commissioner, Bhavnagar, to give proper opportunity of hearing to the present petitioners to represent their case and may be further pleased to direct the learned Joint Charity Commissioner to decide the issue as to whether it is expedient and necessary in the interest of the Trust to modify and/or to alter the scheme first; before proceeding further with scheme application no 3/2021 and may also decided the preliminary objections raised.

10AA. THIS HONOURABLE COURT may be pleased to issue a writ of certiorari or a writ in the nature of certiorari and/or any other appropriate writ, order or direction and may be pleased to quash and set aside the order vide Exh.56 dated 22.02.2022 (Annexure-Q) passed by Learned Joint Charity Commissioner, Bhavnagar in Scheme Application No. 3 of 2021 And may be pleased to direct the Learned Joint Charity Commissioner to decide the applications Exh-15, Exh-16 and Exh19 preferred by the petitioners first, before proceeding further in the matter to decide the scheme application no. 3 of 2021.

10BB. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the implementation and execution of the order vide Exh.56 dated 22.02.2022 (Annexure-Q) passed by Ld. Joint Charity Commissioner in Scheme Application No. 3 of 2021.

[B] Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the further proceeding of Scheme Application No.3 of 2021 pending before the learned Joint Charity Commissioner, Bhavnagar;

[C] ANY other and further relief or reliefs to which this Hon'ble Court deemed fit in the interest of justice, may kindly be granted.”

2. The facts as stated by the writ-applicants are produced thus :-

2.1 It is stated that Shri Digambar Jain Swadhyaya Mandir Trust (for short ‘the Trust’) is a registered Public Charitable Trust which is registered vide Registration No.A/902 with the office of the Assistant Charity Commissioner Bhavnagar and the writ-applicants are trustees of the said Trust.

2.2 The said Trust was established on 25.12.1939 at Songadh, Dist. Bhavnagar. The object of the Trust is to spread religious education in the sampradaya. Shri Kanji Swami was the religious head and preacher of the said sect. The Trust was established for the purpose of religious education and to arrange various ‘Shibir’ for the said purpose and to arrange different ‘Seminar/lecture/group discussion for the purpose of spreading the religious awareness in the sect. The Trust also holds various activities and Mahotsava.

2.3 The Joint Charity Commissioner (for short ‘JCC’) framed the Scheme in respect of the said Trust in Scheme Application No.7/1981 on 27.8.1982 (page-30). On 8.9.2021, Scheme Modification Application No.3/2021 came to be filed by the respondents No.1 to 3 before the learned JCC, Bhavnagar (page-183). On 17/18.1.2022, the writ-applicants through their advocate also sent preliminary objection by RPAD. On 19.1.2022, public notice came to be issu