JAYESHKUMAR KESHVADAS MAHANT POA OF KESHAVDASJI GURU BALAKDASJI MAHANT Vs. ASSISTANT CHARITY COMMISSIONER

JUDGEMENT

(1.) Heard learned Advocate Shri Chinmay M. Gandhi for the petitioners and learned AGP Shri Ishan Joshi for the respondent No.1.

(2.) By way of this petition, the petitioners raised a grievance with respect to an order dtd. 19/6/2020 passed by the Assistant Charity Commissioner in Change Report No.169 of 2019 inter alia that such an application could not have been entertained, more particularly, in view of the order of this Court dtd. 13/12/2011 passed in First Appeal No.2244 of 2011, whereby interim relief has been granted in favour of the appellants i.e. present petitioners in terms of directing stay of operation of the order dtd. 1/7/2011 passed by the learned District Judge in CMA (Trust) Nos.26 of 2007 and 27 of 2007.

(3.) Learned Advocate Shri Gandhi submits that in addition to the fact that neither such application could have been maintainable nor could an order as impugned in the present petition be passed, in any case, the petitioners, who were vitally interested in the proceedings had also not been joined and therefore also, the order is required to be interfered with. Learned Advocate further draws the attention of this Court to an application dtd. 8/2/2021 preferred by the present petitioners before the Assistant Charity Commissioner inter alia requesting for recall of order dtd. 19/6/2020 on the ground as stated hereinabove.