SCA/393/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 393 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= PARAMSWAROOPDASJI GURU HANUMANDASJI Versus PRADEEPBHAI BANWARILAL KANORIYA AND OTHERS ========================================= Appearance : MR DC DAVE for the Petitioner MR UA TRIVEDI for Respondent Nos.1 - 3,5 - 6. MR PRABHAKAR UPADYAY for Respondent(s) : 4, NOTICE SERVED BY DS for Respondent(s) : 7, MR MI MERCHANT for Respondent(s) : 8, MR MEHUL M MEHTA for Respondent(s) : 9, MS PAURAMI B SHETH for Respondent(s) : 10, ========================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 01/08/2008 ORAL JUDGMENT 1. The petitioner – Paramswaroopdasji Guru Hanumandasji is before this Court praying that:- SCA/393/2008 2/5 JUDGMENT “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 “E” 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 SCA/393/2008 3/5 JUDGMENT 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. 4. This Court is of the considered opinion that if a direction is given to the learned Charity Commissioner to decide Scheme Misc. Application No.6 of 2007 after giving full opportunity of hearing to all concerned parties, including that of the trustees who are respondent Nos.1, 2, 3, 5 and 6 forming one set of group, respondent No.4, who is supporting the petitioner and respondent SCA/393/2008 4/5 JUDGMENT No.8 – Bhimdasji Guru Shatrugandasji, who is resolved to be appointed as Mahant of the Mandir/trust and is represented separately by learned advocate Mr.M.I.Merchant, the interest of justice would be served. 5. Mr.Dave, learned advocate for the petitioner submitted that respondent No.8 - Bhimdasji Guru Shatrugandasji, who is sought to be appointed as Mahant of the Mandir/trust by resolution dated 27.06.2007, has already started administering/managing the affairs of the trust and that should be taken care of and he should be restrained from administering/managing the affairs of the trust. The request is too late in a day, more particularly when the Court is directing the learned Charity Commissioner to decide the matter as expeditiously as possible and therefore, the request is declined. 6. The learned Charity Commissioner is directed to decide Scheme Misc. Application No.6 of 2007 as expeditiously as possible, giving top priority to the matter and without being influenced by its order dated 25.04.2007 passed in Judicial Misc. Application Nos.41 of 2005 and 45 of 2005. The parties are directed to remain present before the learned Charity Commissioner on 11.08.2008 and thereafter, the learned Charity Commissioner will fix the time table of the hearing of Scheme Misc. SCA/393/2008 5/5 JUDGMENT Application No.6 of 2007 and will decide the same as expeditiously as possible, preferably by 30.09.2008. At the request of the learned advocates appearing for the parties, it is clarified that observations, if any, made in this order will not influence the learned Charity Commissioner while deciding Scheme Misc. Application No.6 of 2007. 7. The petition is disposed of with the aforesaid directions. Rule is made absolute. No costs. Direct service is permitted. (RAVI R.TRIPATHI, J.) *Shitole