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NEUTRAL CITATION

C/SCA/1929/2023 JUDGMENT DATED: 07/04/2026

0.4450873415966746

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1929 of 2023

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================================

Approved for Reporting Yes No ==========================================================

RAVILAL KESHRABHAI PATEL & ANR.

Versus JT. CHARITY COMMISSIONER, RAJKOT & ORS.

==========================================================

Appearance:

MR JAAL UNWALA SENIOR ADVOCATE WITH MS TEJAL A VASHI(2704)

for the Petitioner(s) No. 1,2 MR KUSHAL R SHAH(10585) for the Respondent(s) No. 2 MR. RAHUL R DHOLAKIA(6765) for the Respondent(s) No. 3

MR NIKUNJ KANARA AGP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 07/04/2026

JUDGMENT

1. RULE returnable forthwith. Learned counsel for the respondents waive service of Rule on behalf of the respective respondents. With the consent of both the parties, the present

petition is taken up for final hearing today.

2. Present petition is filed by the petitioner under Articles 14, 19(1)(g), 226, 227 and 300-A of the Constitution of India read with the provisions of Gujarat Public Trust Act, 1950 and Rules

framed thereunder seeking following reliefs:

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NEUTRAL CITATION

C/SCA/1929/2023 JUDGMENT DATED: 07/04/2026

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“(A) This Honourable Court may be pleased to issue any appropriate writ order or direction to quash and set aside the order dated 28.12.2022, below Exh.30 passed by the Ld. In- charge Joint Charity Commissioner in application no.41/09/2016 and thereby be pleased to allow the said application u.s.41A of

the petitioners;

(B) Pending the admission, hearing and final disposal of this petition, this Honourable Court may be pleased to stay the execution, operation and implementation of the order dated 28.12.2022, below Exh.30 passed by the Ld. In-charge Joint

Charity Commissioner in application no.41/09/2016;

(C) Grant such other and further reliefs as may be deemed fit and proper in the interest of justice.”

3. Brief facts giving rise to the present petition are that, the petitioners are the Trustees of Shri Ishwar Ashram Seva Trust, Vandhay which was formed on 14^th April,1989 and registered on 30/08/1989 bearing registration no. E/959/Kutch. That, the Trust by the name of Ishwar Ashram (Dwaro), Vandhay, bearing registration no.A-217 (Kutch) was holding various properties and the said Trust was administered by a sole trustee by the name of Sadhu Karsandasji Guru Shantidasji. That, one lease deed dated 17.1.1992 was executed by the sole trustee of Shri Ishwar Ashram, Vandhay Trust whereby, the said properties were given on lease to the Trust wherein, the petitioners are the trustees without restriction of the period of lease. That, the sole Trustee i.e. Sadhu Karsandasji expired on 20.2.2012. That, during his lifetime, Sadhu Karsandasji Maharaj has not declared any person as his Chela or Gadipati (thrown bearer) of Shri Ishwar Ashram (Dwaro), Vandhay Trust. That, Sadhu Karsandasji Maharaj, during his lifetime had declared respondent no.2 as his chela for

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NEUTRAL CITATION

C/SCA/1929/2023 JUDGMENT DATED: 07/04/2026

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another Trust which was to be run and managed by him in the name of Chaitanya Swarup Ashram, Rameshwar Trust at Nakhatrana. That, the petitioners approached the Joint Charity Commissioner in the year 2015, requesting the Charity Commissioner to frame a scheme u/s.50 of the Act vide Scheme Application no.17 of 2015. That the respondent no.2 herein was never associated with the present Trust and was never declared as Mahant or Chela for the present Trust i.e. Ishwa