SCA/11328/1994 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11328 of 1994 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= KARSAN BHIMA - Petitioner(s) Versus JOINT CHARITY COMMISSIONER RAJKOT & 4 - Respondent(s) ========================================================= Appearance : MR SURESH M SHAH for Petitioner(s) : 1, MR HARESH H PATEL for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2 - 3, 5.2.1, 5.2.2, 5.2.3, 5.2.4,5.2.5 RULE UNSERVED for Respondent(s) : 4, None for Respondent(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 13/03/2008 ORAL JUDGMENT 1. The present petition is preferred by the SCA/11328/1994 2/3 JUDGMENT petitioner for the appropriate directions to quash the proceeding of Misc. Application No.17/94 pending before the Joint Charity Commissioner, Rajkot, under Section 41A of the Bombay Public Trusts Act. 2. It further appears that the proceedings before the Charity Commissioner of Misc. Application No.17/94 arouse on account of the application filed by one Mohan Meghji and the prayer made in the application is that, since one of the Trustee Ambabhai Gigabhai has expired, in his place, Bhagat Gopalbhai Gigabhai be inducted as Trustee. Since the Charity Commissioner initiated the proceedings, based on such application, the petitioner has approached to this Court for quashing of such proceedings. 3. When the matter is taken up for final hearing, Mr. Mehul Shah for Mr.S.M. Shah declared before the Court that the Bhagat Gopalbhai Gigabhai has also expired pending the petition. Therefore, as a result thereof, even otherwise also, now he cannot be appointed as the Trustee. 4. Under these circumstances, I find that the application before the Charity Commissioner of the proceedings of Misc. Application No.17/94 and consequently the present petition, both have become infructuous on account of the death of the person to be appointed as the Trustee, i.e. Bhagat Gopalbhai Gigabhai. SCA/11328/1994 3/3 JUDGMENT 5. Subject to the aforesaid observations and directions, Rule made absolute accordingly. I.R. vacated. (JAYANT PATEL, J.) *bjoy