SCA/3895/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3895 of 1999 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 ? ========================================================= PRAVINCHANDRA BALASHANKER BHATTJI & 7 - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR MIHIR H JOSHI for Petitioner(s) : 1 - 8.MS FALGUNI M JOSHI for Petitioner(s) : 1 - 3,5 - 8. MS TRUSHA PATEL, AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/03/2008 ORAL JUDGMENT 1. The petitioners have preferred the petition for challenging the instructions issued by the Legal Department of the State Government dated SCA/3895/1999 2/3 JUDGMENT 17.12.1998 to the Charity Commissioner for framing of the Scheme and incorporation thereof of certain aspects in the Scheme. 2. When the matter is taken up for final hearing, learned AGP Ms.Patel, under the instructions of Mr.K.P.Bhatt, Law Officer working in the office of the Charity Commissioner, states that the Scheme has already been framed by the Joint Charity Commissioner in the proceedings of the Scheme Application No.14/1994. It has been further submitted that the said Scheme is subject matter of challenge before the learned District Judge and the matter is pending. 3. In above view of the matter, as the Scheme is already framed, the instructions issued by the State Government for framing of the Scheme would not survive. Even otherwise also, the instructions issued to the Charity Commissioner for framing Scheme cannot be prima facie read as binding to the Charity Commissioner, however, such aspects are not required to be concluded in the present case, more particularly in view of the peculiar circumstances that the Scheme is already framed and the same is also subject matter of challenge in the proceedings before SCA/3895/1999 3/3 JUDGMENT the District Judge, Godhra. 4. As the instructions dated 17.12.1998 no more survive, the matter has become infructuous. Hence, disposed of accordingly. Rule discharged. I.R., if any, vacated. Liberty to apply in case of difficulty. (Jayant Patel, J.) vinod