PARAMSWAROOPDASJI GURU HANUMANDASJI Vs. PRADEEPBHAI BANWARILAL KANORIYA

JUDGEMENT

(1.) THE petitioner Paramswaroopdasji Guru Hanumandasji is before this Court praying that:-"24. (A) That this Honourable Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari and/or any other appropriate writ, order or direction, quashing and setting aside the impugned judgment and order dated 25th April, 2007, passed by the Charity Commissioner, Ahmedabad, respondent No. 10 herein, in Justice Misc. Applications Nos. 41 of 2005 and 45 of 2005, a copy whereof figures at Exhibit "se"" to the memorandum of present petition, to the extent they relate and pertain to a direction contained therein requiring the trustees of Shree Bhidbanjan Hanuman Mandir, Saraspur, to consider the candidature of persons other than the disciple of Hanumandasji Guru Laxmandasji for the office of Mahant of the said Trust;"

(2.) THE petitioner claims to be the disciple of the 2nd Mahant of the aforesaid Mandir under the trust scheme. His Guru Hanumandasji Guru Laxmandasji was the disciple of 1st Mahant Shri Laxmandasji Guru Jankidasji. It is not in dispute that the Guru of the present petitioner died in an accident in the year 1998 and thereafter, one Ganeshdasji was appointed by the trustees as Mahant, who resigned in the year 2000 and thereby, the trustees were required to appoint one Shatrugandasji Guru Laxmandasji as Mahant of the Mandir and so on and so forth.

(3.) THE above details are not required to be gone into because the petitioner will be satisfied if the petitioner is given an opportunity of hearing by the learned Charity Commissioner at the time of hearing Scheme Misc. Application No. 6 of 2007 which is filed by the trustees seeking approval to resolution dated 27. 06. 2007, whereby the trustees have decided to appoint Shri Bhimdasji Guru Shatrugandasji as Mahant of the aforesaid Mandir/trust. The grievance of the petitioner is that the learned Charity Commissioner shall not mechanically decide Scheme Misc. Application No. 6 of 2007, granting approval to resolution dated 27. 06. 2007. His only prayer is that the learned Charity Commissioner shall decide the same after giving hearing to the petitioner and taking into consideration the objections raised by the petitioner. It is not in dispute that Scheme Misc. Application No. 6 of 2007 is still pending and yet to be decided by the learned Charity Commissioner.