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2023 Supreme(Guj) 101

BIREN VAISHNAV
Darul Ulam Faizurherman Trust – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Monal S. Chaglani.
For the Respondent:Ms. Dharitri Pancholi, AGP, Mr. Shrinil Shah, Advocate for Venu H. Nanavaty.

JUDGMENT :

1. Heard Mr. Monal Chaglani learned advocate for the petitioners and Ms. Dharitri Pancholi learned AGP for the State and Mr. Shrinil Shah learned advocate appears for the private respondent nos.2 to 5.

2. Challenge in this petition under Article 227 of the Constitution of India by the petitioners is to the order dated 30.09.2021 passed by the Joint Charity Commissioner, by which, the application made by the private respondents under Section 51 of the Gujarat Public Trusts Act, 1950, (for short ‘the Act’) has been granted, as a result of which the private respondents have been permitted to file a suit against the petitioners herein.

3. Facts in brief would indicate that it is the case of the petitioners that the petitioner no.1 is a trust registered under the Act of 1950 whereas the petitioner nos.2 to 6 are the trustees of the Trust. The respondent nos.2 to 5 filed an application before the Charity Commissioner on 05.10.2020 seeking permission to file a suit against the petitioners. It was the case of the private respondents that they are persons interested in the Trust inasmuch as they offer prayers at the Masjid run by the Trust. Reading the application would indicate tha

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