YAKUBBHAI BHIKHABHAI GHANCHI Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) THE short facts of the case appear to be that as per the petitioner, one area of the land is given on rental basis by the respondent No. 3 Trust on the payment of Rs. 550/- as rent. In support of the contention, the petitioner has produced the rent receipt on page 14. The application was moved by respondent No. 2 under Section 41a of the Bombay Public Trust Act, 1950 (hereinafter referred to as "the Act" for short) before the Charity Commissioner against the aforesaid action of the Trust for giving the area in question on rent to the petitioner. The Charity Commissioner, after hearing the Trust, passed the order on 14. 10. 1994, whereby the direction is given to the Trust to get the vacant possession of the land and it is further directed that the area be used only for offering prayer as per the Muslim Religion (Namaz ). The said order of the Charity Commissioner is under challenge in the present petition.

(2.) HEARD Mr. Desai, learned Counsel for the petitioner, Mr. Shukla, learned AGP for respondent No. 1 and Ms. N. N. Shaikh, learned Counsel for Mr. Farooqui for respondent No. 3.

(3.) UPON hearing the learned Counsel appearing for the respective parties, it appears that it is an admitted position that opportunity of hearing has not been given to the petitioner before exercise of power by the Charity Commissioner under Section 41a of the Act. Therefore, the order as such is in breach of the principles of natural justice. Therefore, cannot be sustained in the eye of law.