SHUKLA RAMANUJACHARYA GOVINDACHARYA Vs. N N SHAH

JUDGEMENT

(1.) Shri Gaushala Hanumanji Shiv Ganpati Temple is a public trust in the City of Ahmedabad. In 1952 an application was made for its registration under the provisions of the Bombay Public Trusts Act 1950 Amongst the properties said to be belonging to that public trust S. No. 568 of Vadaj in the City of Ahmedabad was also shown.

(2.) An inquiry was instituted by the Deputy Charity Commissioner as contemplated by sec. 19 of the said Act. On 29th May 1953 he inter alia found as a result of the said inquiry that the aforesaid S. No. 568 belonged to the said public trust. He therefore registered the said property as a trust property at entry No. 1139 in the public trust register.

(3.) Thirteen years thereafter in 1969 it appeared to the State of Gujarat that the said S. No. 568 which was registered as a public trust properly in 1953 was a property of the State. Probably because the State was interfering with the possession of that property the petitioner filed Civil Suit No. 208 of 1966 in the City Civil Court at Ahmedabad on 9th February 1966 for declaration of title to the property and for removal of encroachment. That suit is pending on the file of the City Civil Court Ahmedabad. However on 17th October 1968 the City Deputy Collector Ahmedabad made an application on behalf of the State of Gujarat to the Deputy Charity Commissioner praying for the deletion of the said entry No. 1139 from the public trust register for the reasons stated in his application. Notice of that application was served on the petitioner. The petitioner appeared before the Deputy Charity Commissioner and contended that he had no jurisdiction to deal with that application and to grant the prayer made by the City Deputy Collector. He therefore submitted to the Deputy Charity Commissioner an application for raising a preliminary issue for deciding whether he had jurisdiction to entertain that application.