DARUL ULAM FAIZURHERMAN TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Monal Chaglani learned advocate for the petitioners and Ms.Dharitri Pancholi learned AGP for the State and Mr.Shrinil Shah learned advocate appears for the private respondent nos.2 to 5.

(2.) Challenge in this petition under Article 227 of the Constitution of India by the petitioners is to the order dtd. 30/9/2021 passed by the Joint Charity Commissioner, by which, the application made by the private respondents under Sec. 51 of the Gujarat Public Trusts Act, 1950, (for short 'the Act') has been granted, as a result of which the private respondents have been permitted to file a suit against the petitioners herein.

(3.) Facts in brief would indicate that it is the case of the petitioners that the petitioner no.1 is a trust registered under the Act of 1950 whereas the petitioner nos.2 to 6 are the trustees of the Trust. The respondent nos.2 to 5 filed an application before the Charity Commissioner on 5/10/2020 seeking permission to file a suit against the petitioners. It was the case of the private respondents that they are persons interested in the Trust inasmuch as they offer prayers at the Masjid run by the Trust. Reading the application would indicate that it was their case that certain educational institutions are run under the aegis of the Trust. For instance, one Atit Education Trust is manned by the trustees of the Trust. It is further their case that based on certain audit reports, there is maladministration in the trust and therefore, permission is required to file a suit for the reliefs under Sec. 50 of the Act. By the impugned order, permission is so granted.