KAUSHIKBHAI VINAYKBHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Advocate Mr. Bambhania with learned advocate Ms. Tanuja N.Kachchhi for petitioners and learned AGP Mr. Amit Patel for respondent No. 1 as well as learned advocate Mr. Tolia for respondents No. 4 and 5 on caveat. Today,learned Advocate Mr. Tolia has placed on record affidavit in reply on behalf of respondents No. 4 and 5 and copy thereof has been served by him to learned advocate Ms. Kachchhi for petitioner. Therefore, same has been taken on record.

(2.) IN present petition, petitioner has challenged order passed by Jt. Charity Commissioner dated 18th August, 2010, page 34 to 52. In said order, objection application preferred by petitioner has been rejected by Jt. Charity Commissioner against which present petition is filed by petitioner. Name of petitioner No. 1 is Kaushik Vinayakbhai Bhatt and name of petitioner No. 2 is Shri Rameshbhai Manjibhai Bhadra, whose objection application has been rejected by Jt. Charity Commissioner . The Jt. Charity Commissioner passed order under Section 36 of Bombay Public Trusts Act and ten days time has been granted to petitioner to approach higher authority and wait upto 14th September, 2010 and thereafter, on 7th September, 2010 and 15th September, 2010, remaining objection will be decided under Section 36 of Act on merits by Jt. Charity Commissioner

(3.) LEARNED Advocate Mr. Tolia for respondents No. 4 and 5 has raised serious objection against maintainability of this petition on the ground that petitioner is having alternative efficacious remedy to prefer appeal before Gujarat Revenue Tribunal under Section 36(3) of Bombay Public Trusts Act, 1950. He relied upon relevant Section 36(3) of said Act. Therefore, Section 36 of Bombay Public Trusts Act, 1950 is quoted as under: