PANKAJKUMAR DWARKADAS SHAH Vs. PATEL DAHYABHAI PUNJABHAI

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, is directed against the judgment and order dated 15.2.2010 passed in Special Civil Application No.13838 of 2009.

(2.) The Special Civil Application under Article 226 of the Constitution of India was filed by the respondent Nos.1,2 and 3, who claimed to be the President, the Secretary and the Vice President respectively of Shri Modasiya Kadva Patidar Boarding Trust. Shri Modasiya Kadva Patidar Boarding is stated to be a registered Trust under the provisions of the Bombay Public Trusts Act, 1950 (hereinafter referred to as 'the Act' for short). The Special Civil Application was filed joining the State of Gujarat, Collector, District Superintendent of Police, Sabarkantha and the Charity Commissioner as also the Chief Officer of Modasa Nagar Palika as respondent Nos.1 to 5 respectively as well as against the present appellants. The prayers made in para 8 of the Special Civil Application are reproduced as under:-

(3.) The case put up in Special Civil Application, in short, is to the effect that the Trust is owner of the land bearing Survey No.491/2 at Modasa, admeasuring 3440 Sq. Mtrs. One Pravinbhai B. Patel claimed to be the Secretary of the Trust. On 7.1.1985, he made application for obtaining Raja-chitthi (permission for construction) for construction of 15 shops without informing the trustees or the Charity Commissioner. Without waiting for Raja-chitthi, he put up the construction of 15 shops on the land of the Trust and shops were given on rent to different person for commercial purpose, contrary to the object of the Trust. Two persons, namely Ramanbhai Motibhai Patel and Natubhai Jesingbhai Patel filed an application, bearing Application No.36/37/2007 before the Charity Commissioner under Section 36 of the Act with a prayer to grant approval for letting the shops on rent with retrospective effect. In the said application, the trustees filed their objections and after hearing all the parties, the Charity Commissioner passed order dated 11.6.2008, whereby the application of the above said two persons was rejected and the Charity Commissioner was further pleased to pass an order directing the trustees of the Trust to take possession of the shops within 60 days after following the legal procedure. The Gujarat Revenue Tribunal confirmed the said order. At that stage, respondent No.1-President of the Trust issued notice dated 14.6.2008 to the shop holders-appellants, asking them to give possession of the land bearing Survey No.491/2 within a period of 7 days. The shop holders, therefore, filed Regular Civil Suit Nos.65 of 2008 to 77 of 2008 and prayed for interim injunction. The said applications were dismissed, against which Special Civil Application No.4545 of 2009 and Special Civil Application Nos.5103 of 2009 to 5113 of 2009 were preferred which came to be rejected by learned Single Judge of this Court. Against the above-said order rejecting the petitions, the shop holders preferred Special Leave Petitions before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated 28.8.2009, dismissed all the special leave petitions and confirmed the order passed by this Court.