The court stayed restrictions on renting trust properties for functions, emphasizing that trust administration must align with the Trust Deed and the statutory requirements of Section 36 of the Gujarat Public Trust Act, 1950.

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NEUTRAL CITATION

C/SCA/13363/2023 ORDER DATED: 07/08/2023

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 13363 of 2023

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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

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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

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NEUTRAL CITATION

C/SCA/13363/2023 ORDER DATED: 07/08/2023

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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

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C/SCA/13363/2023 ORDER DATED: 07/08/2023

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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 m