Gujarat High Court
Rajul Ishwarbhai Dave vs Paragkumar Harshadray Trivedi on 6 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/627/2025 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 627 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 1994 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 627 of 2025
With
R/LETTERS PATENT APPEAL NO. 375 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 1995 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
APPEAL NO. 375 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 1995 of 2025
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RAJUL ISHWARBHAI DAVE & ANR.
Versus
PARAGKUMAR HARSHADRAY TRIVEDI & ANR.
=============================================
Appearance:
MR SAMRAT R UPADHYAY(11939) for the Appellant(s) No. 1,2
MS.HETAL PATEL, ASST.GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR APURVA R KAPADIA(5012) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 06/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1) Mr. Apurva R. Kapadia, the learned advocate for the Respondent No.1 has put in appearance.
2) Heard the learned counsel for the appellant and perused the record.
3) This appeal is directed against the judgment and order dated 25.02.2025 passed by the learned Single Judge in dismissing the Page 1 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Fri May 09 2025 Downloaded on : Sat May 10 15:51:13 IST 2025 NEUTRAL CITATION C/LPA/627/2025 ORDER DATED: 06/05/2025 undefined writ petition filed by the objectors in a proceedings under Section 22 of the Gujarat Public Trusts Act, 1950 (for short, "the Trust Act") before the Charity Commissioner with the prayer to issue directions to the Charity Commissioner to exercise his powers under Section 73 of the Trust Act to summon the applicant as a witness and examine him on oath so that the appellant / original petitioner may cross-examine the applicant.
4) Taking note of the reasoning given by the learned Single Judge, on a query made by the Court, the learned counsel for the appellant would inform that out of the two appellants, one is a beneficiary of the Trust, who has been a member of the Board of Executive Committee of the Trust and the appellant No.2 is the Ex- Trustee.
5) Taking note of the same, we may record that under the provisions of Section 22 of the Trust Act, for any change in the entries recorded in the register kept under Section 17, on an application made by the Trustee, the Deputy or Assistant Charity Commissioner in-charge of the Public Trust Registration Office, where the register is kept, shall have to make an inquiry and make changes desired in such entries in the interest of the administration of the Public Trust.
6) Sub-section (1A) of Section 22 requires that for any change to be reported under Sub-section (1) relating to any immovable property, the Trustee shall, along with the report, furnish a memorandum in the prescribed form containing the particulars etc. relating to any change in the immovable property of such public trust. Sub-section (2) of Section 22 requires the Charity Commissioner to hold an inquiry for the purpose of verifying the correctness of the entries in the register kept under Section 17 or ascertaining whether any change has occurred in any of the Page 2 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Fri May 09 2025 Downloaded on : Sat May 10 15:51:13 IST 2025 NEUTRAL CITATION C/LPA/627/2025 ORDER DATED: 06/05/2025 undefined particulars recorded in the register. Sub-section (3) of Section 22, further provides that the Charity Commissioner, after receiving a report, under sub-section (1) and holding an inquiry, if necessary under sub-section (2), or merely after holding an inquiry under the said subsection (2), is satisfied that a change has occurred in any of the entries recorded in the register kept under section 17 in regard to a particular public trust, he shall record a finding with the reasons therefor to that effect. The findings returned by the Deputy / Assistant Charity Commissioner as per Sub-section (3) of Section 22 shall be appealable to the Charity Commissioner.
7) In the entire procedure prescribed under Section 22 for recording change as desired in the entries as per the application made by the Trustee, it is evident that an inquiry is required to be made as to the correctness of the assertions made in the application seek change so to satisfy itself, by the Deputy / Assistant Charity Commissioner.
8) Section 73 of the Trust Act, however, confers certain powers of Civil Court to the officers holding inquiries under the Act such as getting proof of facts by affidavit; summoning and enforcing the attendance of any person and examining him on oath; compelling the production of documents; issuing of commissions, etc.
9) Section 76 pressed into service, however, provides that save as to any inconsistency with anything contained in the Act, the provisions of the Code of Civil Procedure shall apply to all proceedings before the Court under the Act. Section 76, as such, cannot be imported for any inquiry made in the Act for which the power has been conferred upon the officers under Section 73 of the Trust Act as it talk of power of the "proceedings before the Court under the Act"
Page 3 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Fri May 09 2025 Downloaded on : Sat May 10 15:51:13 IST 2025NEUTRAL CITATION C/LPA/627/2025 ORDER DATED: 06/05/2025 undefined
10) Insofar as Section 74 of the Trust Act, relied by the learned counsel for the petitioner, the same pertains to the inquiries, which are into any offence within the meaning of Sections 193, 219 and 228 of the Indian Penal Code.
11) Considering the above, coming to the facts of the present case, it may be noted that the inquiry before the Deputy Charity Commissioner is proceeding on the documents submitted by the applicant, who is the Trustee of the Trust concerned and, moreover, no oral evidence has been recorded by the applicant upon which, cross-examination of the applicant was necessary. Moreover, the order of rejection of the application moved by the petitioner passed by the Deputy Charity Commissioner dated 10.01.2024 categorically records that there is no reasons given by the appellant herein seeking to cross-examine the respondent / applicant.
12) The categorical observation in the order impugned, as noted by the learned Single Judge in the judgment and order dated 25.02.2025, subject matter of challenge herein, is that the application moved by the appellant / original petitioner seeking for cross-examination of the respondent / original applicant before the Charity Commissioner was an effort to delay the proceedings.
13) In view of the above, we do not find it a fit case to interfere.
The appeals stand dismissed, accordingly. Consequently, the connected civil applications stand disposed of.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) SAHIL S. RANGER Page 4 of 4 Uploaded by MR. SAHIL SAMIULLA RANGER(HC01898) on Fri May 09 2025 Downloaded on : Sat May 10 15:51:13 IST 2025