SCA/13515/1994 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13515 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 ? ========================================================= YAKUBBHAI BHIKHABHAI GHANCHI - Petitioner(s) Versus CHARITY COMMISSIONER & 1 - Respondent(s) ========================================================= Appearance : MR SA DESAI for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, MR NAGIN N GANDHI for Respondent(s) : 2, MR MB FAROOQUI for Respondent(s) : 3, NOTICE SERVED for Respondent(s) : 4, MR SHUKLA, AGP FOR THE STATE AUTHORITY ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/03/2008 ORAL JUDGMENT 1. The short facts of the case appear to be that as SCA/13515/1994 2/4 JUDGMENT 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. SCA/13515/1994 3/4 JUDGMENT 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. 4. Mr.Shukla, learned AGP contended that as per his information, the property is now entrusted to the Wakf Board. Therefore, even if this Court remands the matter, the same may also be considered. 5. In my view, it would be for the Charity Commissioner to examine the said aspects as and when the matter is further considered by him. 6. In view of the above, as the impugned order passed by the Charity Commissioner is in breach of the principles of natural justice, so far as the petitioner as alleged tenant is concerned, the same is quashed and set aside with the further directions that the matter shall stand SCA/13515/1994 4/4 JUDGMENT restored to the file of the Charity Commissioner. The Charity Commissioner shall give opportunity of hearing to all concerned and shall also examine the aspect as to whether the property is entrusted to the Wakf Board or not and shall pass appropriate orders in accordance with law, preferably within a period of six months from the date of receipt of the order of this Court. 7. The petition is allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. 25.3.2008 (Jayant Patel, J.) vinod