CHARITY COMMISSIONER GUJARAT STATE Vs. BALASHANKER MAHASHANKER BHATTJI

JUDGEMENT

(1.) Near the town of Champaner in Halol Taluka of Panchamahals District there is a hill called Pavagadh hill. On that hill are situate temples of Kalika Mataji, Bhadrakali Mataji, Annapurna Mataji and Budhia Darwajani Budhia Mataji. In the village of Champaner there . is a Ranchhodji temple and also a Haveli. After the Bombay Public Trusts Act, 1950 came into force the petitioners filled in forms under the said Act sometime in 1952 for registration of two of the temples as public trusts. They did so under protest. That application related to the temples of Kalika Mataji and Bhadrakali Mataji. On 6th June 1958 the Assistant Charity Commissioner after holding the inquiry ordered the registration of all these five temples and Havali as public trust properties. The order was recorded on Application No. 6892 of 1952. It was the contention of the present respondents that all the aforesaid properties were proper ties of their private ownership. The Assistant Charity Commissioner by his aforesaid order rejected that contention of the respondents.

(2.) The respondents appealed against that order to the Charity Commissioner. The Deputy Charity Commissioner decided the appeal on 23rd October 1959. By his order he set aside the order made by the Assistant Charity Commissioner and remanded the case to the Assistant Charity Commissioner for a fresh inquiry. Upon remand the Assistant Charity Commissioner heard the parties again and by his order dated 24th August 1960 declared all the aforesaid properties as public trust properties and ordered their registration. The respondents challenged that order in appeal which they filed before the Charity Commissioner who by his order dated 22nd May 1961 confirmed the order of the Assistant Charity Commissioner and dismissed the appeal.

(3.) The respondents filed Miscellaneous Civil Application No. 19 of 1961 in the District Court at Godhra under Section 72 of the Bombay Public Trusts Act, 1950 and challenged the said order of the Charity Commissioner.