ISHWARBHAI DEDHABHAI PATEL Vs. MAHENDRAKUMAR CHANDULAL BHAVSAR

JUDGEMENT

(1.) Heard learned advocate Mr. S.P.Majmudar for the petitioners and learned Senior Advocate Mr. Jal Unwala assisted by learned advocate Ms. Tajal Vashi for the respondents caveators.

(2.) This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioners have challenged the order dated 17.10.2020 passed by the Joint Charity Commissioner, Surat below Exh.13 in Scheme Application No.10 of 2020.

(3.) It is submitted by learned advocate for the petitioners that the present respondent Nos. 1 and 2 have preferred an application being Scheme Application No.10 of 2020 under Section 50 of the Gujarat Public Trust Act, 1950 (hereinafter referred to as the Act) for framing scheme for the trust in question viz. Maharana Shree Vijayadevji Public Charitable Trust, Dharampur, which is a registered trust under the provisions of the Act. It is prayed in the said application that the Scheme is required to be framed for the said trust. It is submitted that when the notice is issued, the present petitioners submitted a reply and pointed out that the said application itself is not maintainable. Various documents are also produced. It is submitted that said application is still pending before the respondent authority, in spite of that, the present respondent Nos. 1 and 2 filed an application below Exh.13 in the said Scheme Application on 26.09.2020, inter alia praying that till Scheme Application No.10 of 2020 is disposed of by the Joint Charity Commissioner, proposed trustees as suggested by them as well as the current trustees should form a committee and the said committee should undertake the process of the administration of the trust. Learned advocate Mr. Majmudar further submitted that there is no provision under Section 50A of the Act to appoint ad hoc committee during the pendency of consideration of the Scheme. In spite of that, the impugned interim order has been passed by the Joint Charity Commissioner below Exh.13 by which the Joint Charity Commissioner has formed an ad hoc committee for the administration of the trust and also issued further directions.