BHAGATBHAI VAGHABHAI KANTARIA Vs. MUKESHBHAI DHARAMSHIBHAI KANTARIA

JUDGEMENT

(1.) In this petition, the petitioner has challenged the order dated 04.01.2019 passed by the Joint Charity Commissioner in Application No.41/08/2018.

(2.) Heard learned advocate Mr.Viral K. Shah for the petitioners and learned advocate Ms.Mamta R. Vyas for respondent Nos.1 to 5.

(3.) Learned advocate Mr.Viral K. Shah appearing for the petitioners submitted that the petitioners have been managing the affairs of Meldi Mataji Mandir (Temple) situated at Village Bhuteshvar, Taluka and District Bhavnagar since 1999. The petitioners constituted a Trust for the management of the temple in the name of "Meldi Ma Sevak Samuday Trust" on 19.04.2018. The said Trust is registered vide Public Trust Registration No.A/2036/Bhavnagar. It is submitted that present respondent Nos.1 to 5 filed an application in August, 2018 before the Joint Charity Commissioner for various reliefs. Learned advocate for the petitioners has referred the said application, a copy of which is produced at Page­29 of the compilation. It is submitted that the said application was filed under Section 41A of the Gujarat Public Trusts Act, 1950 ("hereinafter referred to as "the Trusts Act" for short). It is submitted that by way of the impugned order, the Joint Charity Commissioner has given certain directions, which are beyond the scope of the provisions contained in Section 41A of the Trusts Act. Learned advocate for the petitioners has referred the said directions, which are reproduced at Pages­82 and 83 of the compilation.