PARICHAND SUGANCHAND GHOSHAL Vs. ARVINDKUMAR TARACHAND GANDHI

JUDGEMENT

(1.) Rule. Mr.Bhargav Bhatt appears for respondent Nos 1 to 3, Mr.Dabhi, Ld.AGP appears for respondent Nos 4 and 5 and Mr.Merchant for Ms.Madhumati Yadav appears for respondent No.6 and waive service of rule respectively. With the consent of parties matter is taken up for final hearing.

(2.) . The short question in this petition is that a complaint was filed by the petitioner to the Asst.Charity Commissioner for taking steps under section 38 of the Bombay Public Trust Act (hereinafter referred to as "the Act"). It appears that the Asst.Charity Commissioner instructed his subordinate staff to record the statements of persons on the basis of the complaint. Thereafter, he has passed the order dated 12.701 whereby he has stated that since there is no primafacie case it is not necessary to hold an inquiry under section 39 of the Act and, therefore, the papers are filed. It is that order which is under challenge in this petition.

(3.) . The contention raised on behalf of the petitioners is that the opportunity of hearing has not been given by the Asst.Charity Commissioner before passing the impugned order. It has also been submitted on behalf of the petitioners that the order is a non-speaking order and it does not record reasons for not proceeding with the inquiry under section 39 of the Act.