ALLIANCE FRANCAISE D Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule. Mr.Dabhi, AGP appearing for respondents in SCA Nos 4860 & 4889 of 2002 and Mr.H.C.Patel appearing for respondents in SCA No.4877/2002 waive service of rule respectively. With the consent of parties matters are taken for final hearing.

(2.) The petitioners have preferred these petitions for appropriate writ, directions for quashing the action of respondents in illegally withholding the refund amounts as mentioned in respective petitions, namely, so far as Spl.C.A.No.4860/02 is concerned, amount is of Rs.12,010.00, so far as Spl.C.A.No.4877/02 is concerned amount is of Rs.21,774.00 and so far as Spl.C.A.No.4899/02 is concerned amount is of Rs.17,362.00. In all these petitions common facts and issues are arising and therefore they are being dealt with together.

(3.) . Mr.P.K.Kothari appearing for Mr.Hemani submitted that the Deputy Charity Commissioner has already passed the order in all these matters directing the refund of amounts and though the orders have been passed on 4.7.01 no action whatsoever has been taken by the Charity Commissioner for refunding the amounts. He submitted that this is a clear case of withholding the amounts by the State Govt without any authority of law and it is obligatory on the part of respondent authorities to refund the amounts.