IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13363 of 2023 ==========================================================

NARENDRABHAI CHAMANLAL PUJARA Versus THE JOINT CHARITY COMMISSIONER, RAJKOT (INCHARGE)

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Appearance:

MEHUL SHAH, SENIOR ADVOCATE with MR JENIL M SHAH(7840) for the Petitioner(s) No. 1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9 for the Respondent(s) No. 1,2,3,4 ==========================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 07/08/2023

ORAL ORDER

1. Heard Mr. Mehul Shah, the learned Senior Counsel assisted by Mr. Jenil M. Shah, the learned advocate appearing for the writ-applicants.

2. The writ-applicants herein are trustees and members of the governing body of the Lohana Vidyarthi Bhavan which is a public trust registered under the provisions of the Gujarat Public Trust Act, 1950.

3. The writ-applicants herein are aggrieved by the order impugned dated 25.4.2023 passed by the Incharge Joint Charity Commissioner, Rajkot (Saurashtra and Kutch Division) in Application No.41/10/2018, whereby the respondent authority has partly allowed the application to declare the elections of the Trust in an application filed under Section 41A of the Act. The respondent authority has restricted the writ- applicants herein to deal with the immovable properties of the Trust (e.g. renting out trust properties for functions) which is primary and substantial source of income of the Trust and the said income facilitates the Trust to achieve its objective which is imparting education to the children of the community.

4. Mr. Shah, the learned Counsel submitted that the writ- applicants herein are governed by the Constitution of the Trust duly produced at pages-20 to 22 (Annexure-A) and the resolution passed by the members of the Committee from time to time, placed reliance on the Resolution dated 20.7.1987 (page-33), Resolution Nos.2, 3 and 4 in the meeting dated 11.9.1987 (page-36). Placing reliance on the aforesaid, it was submitted that the order impugned dated 25.4.2023 has been fairly complied in its true spirit. It was submitted that the elections have also been held pursuant to the directions issued by the learned Incharge Joint Charity Commissioner while passing the impugned order. The writ-applicants herein are aggrieved by imposition of the Condition No.(3) in the said order which restrict the writ-applicants Trust to use the hostel premises for marriage etc., on rent. Further Trust is also directed to take permission under Section 36 of the Act and the property in question can be granted on rent by way of auction.

5. It was submitted by Mr. Shah, the learned Senior Counsel that the aforesaid directions passed in the impugned order are against the Trust Deed duly produced and relied upon by the learned Senior Counsel at page-20, the resolutions passed from time to time, as referred above and provisions of Section 36 of the Act.

6. Considering the aforesaid, submissions advanced by Mr. Shah, the learned Senior Counsel appearing for the writ-

applicants requires consideration.

7. In view of above, issue Rule making it returnable on 6.9.2023. Mr. Ayaan Patel, the learned AGP waives service of rule for and on behalf of the respondent No.1.

In the meantime, the Condition No.(3) of the order impugned dated 25.4.2023 shall remain stayed. However, the parties are directed to act as under :-

(a) The parties are directed to act in accordance with the Trust Deed and Resolutions passed by the Trust dated 20.7.1987 (page-33) and Resolution Nos.2, 3 and 4 in the meeting dated 11.9.1987 (page-36).

(b) It is directed that no property of the Trust be transferred in violation of provisions of Section 36 of the Trust Act in future by the writ-applicant trustees of the Lohana Vidyarthi Bhavan Trust, Morbi.

(VAIBHAVI D. NANAVATI,J)

K.K. SAIYED