CHARITY COMMISSIONER Vs. RAJESH SHANTILAL SHAH

JUDGEMENT

(1.) Interesting question arises for consideration is whether a public trust that has substantial property at Bombay, and is registered at the office of Charity Commissioner Bombay, is required to be registered at Gujarat also if some property of trust happens to situate at Gujarat ? The appellant asserts that registration at both the offices is required, the respondent / trust disputes this.

(2.) The above question arises as one R.R. Shastri declaring himself to be a trustee of Bharatiya Arogya Nidhi who is a respondent herein, filed an application before the Additional Charity Commissioner praying that he is looking after property of the trust situated at Patan and, therefore, the trust be registered at the regional office of Charity Commissioner, Mahesana. It is the say of the Trust that the said Shastri is employee of Trust and he is not trustee. The Additional Charity Commissioner by its order dated 05.03.1992 allowed the application. Against the said order, the appeal was preferred i.e. 19 of 1992 before Charity Commissioner. The Charity Commissioner was pleased to upheld the order passed by Additional Charity Commissioner by his order dated 18.06.1997. The trust preferred the appeal before District Court Mahesana. The Asst. Judge, Mahesana (Patan) was pleased to allow the Civil Miscellaneous Application No.131 of 1997 and set aside the order of both the authorities. The Additional Charity Commissioner being aggrieved by the said order, passed by the Assistant District Judge has preferred present appeal.

(3.) Heard learned advocate Mr. G.M. Joshi for the appellant and Sh. J.P. Raval for the respondent Trust.