PRABHUDAS BECHARDAS PATEL Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) These two petitions are in substance arising out of the orders passed by the Charity Commissioner in respect of a trust known as Nutan Sarva Vidyalaya Kelvani Mandal, Mehsana, and as both these matters involve common challenge and as they are arising out of common facts, they were heard together and are being disposed of by this common order.

(2.) The petitioner of Special Civil Application No. 9273 of 2010 has preferred this petition under Article 226 of the Constitution of India challenging the order dtd. 21/7/2010 passed in Misc. Application No. 26 of 2010 which was preferred by respondent no.2 in this petition invoking provision of Sec. 41A of the Public Trust Act, 1950 (herein after referred to as the 'Trust Act' for the sake of brevity).

(3.) The petitioner of petition no. 404 of 2012 is filed by the person who is claiming to be son of original successor Sheth Shri Chinubhai Naranbhai Parikh. The petitioner had appointed two trustees named in the petition as per the authority vested in him under clause 12 of constitution of the trust. The petitioner was constrained to file this petition for challenging the order dtd. 15/9/2011 passed by the respondent no.1 on application being Judicial Misc. Application No.4 of 2011 filed by the petitioner under provision of sec. 41A of the Bombay Public Trust Act.