DEVKRUSHNADASJI GURU DHARMADASJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have preferred the petitioner for appropriate writ to quash and set aside the order dated 2. 2. 2007 passed by the Joint Charity Commissioner, Rajkot under Section 41a of the Bombay Public Trust Act (hereinafter referred to as "the Act") below Application No. 41/5/07. The petitioners have also prayed to issue appropriate writ of prohibition against the respondents from proceeding further upon the application filed by respondents No. 2, 3, and 4 under Section 41a of the Act.

(2.) HEARD Mr. S. B. Vakil and Mr. N. D. Nanavati, learned Sr. Counsel with Mr. Kinariwala, learned Counsel for the petitioners, Mr. Y. F. Mehta, learned Counsel for the Charity Commissioner, who is titled as State of Gujarat, Mr. P. M. Thakkar, learned Sr. Counsel for respondent No. 2, Mr. K. S. Nanavati, learned Sr. Counsel for respondent No. 3 and Mr. Yagnik, learned Counsel for respondent No. 4.

(3.) IT has been contended on behalf of the petitioners that the Charity Commissioner has no power under Section 41a of the Act to issue the interim directions, which are issued as per Annexure