DASHRATHLAL BHAGVANDAS PRAJAPATI Vs. SADHU VALDAS MAGANDAS

JUDGEMENT

(1.) BY way of this appeal under Clause 15 of the Letters Patent, the appellant, original respondent No.1 in the writ petition, seeks to challenge the judgment and order passed by learned Single Judge dated 25.11.2009 disposing of writ petition being Special Civil Application No.11964 of 2009 preferred by respondent No.1 herein in this appeal with certain directions.

(2.) FACTS relevant for the purpose of deciding the present appeal can be summarized as under: 2.1 The appellant is a Trust registered under the Bombay Public Trusts Act, 1950 situated at Patan. It is the case on behalf of the appellant-Trust that they are managing about 25 small temples situated on the land where idols are made of earth /soil and not from stone or cement. The temples are situated on the Trust's property bearing Survey Nos.882, 880 and 879 of Gundi-Patti, Patan. Trust is also managing crematorium for the people of all the communities by charging a token Rupee 1/- for the purpose of cremation. It is the case of the Trust that every year they organize a fair for 7 days in the month of Kartika i.e. first month of the year. The land on which the fun-fair is being organized is in possession of the Trust for the past almost a century. It is also their case that vide order dated 30th March, 1994 passed by District Collector, Mehsana, the land was regularized in favour of the Trust on payment of certain amount.

(3.) COLLECTOR, Patan vide order dated 16.10.2009 granted permission to the Trust to organize fun-fair for religious purpose for the period between the 1.11.2009 to 7.11.2009 i.e. for 7 days on certain terms and conditions, by the time respondent No.1, original petitioner, approached the Court, the fun-fair was already over.