PRAVINCHANDRA BALASHANKER BHATTJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have preferred the petition for challenging the instructions issued by the Legal Department of the State Government dated 17. 12. 1998 to the Charity Commissioner for framing of the Scheme and incorporation thereof of certain aspects in the Scheme.

(2.) WHEN the matter is taken up for final hearing, learned AGP Ms. Patel, under the instructions of Mr. K. P. Bhatt, Law Officer working in the office of the Charity Commissioner, states that the Scheme has already been framed by the Joint Charity Commissioner in the proceedings of the Scheme Application No. 14/1994. It has been further submitted that the said Scheme is subject matter of challenge before the learned District Judge and the matter is pending.

(3.) IN above view of the matter, as the Scheme is already framed, the instructions issued by the State Government for framing of the Scheme would not survive. Even otherwise also, the instructions issued to the Charity Commissioner for framing Scheme cannot be prima facie read as binding to the Charity Commissioner, however, such aspects are not required to be concluded in the present case, more particularly in view of the peculiar circumstances that the Scheme is already framed and the same is also subject matter of challenge in the proceedings before the District Judge, Godhra.