Gujarat High Court
Kanubhai Popatlal Bharwada vs Manubhai Revabhai Solanki on 11 October, 2022
Bench: Nirzar S. Desai
C/SCA/16617/2018 ORDER DATED: 11/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16617 of 2018
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KANUBHAI POPATLAL BHARWADA & 1 other(s)
Versus
MANUBHAI REVABHAI SOLANKI & 5 other(s)
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1,2
MR HARDIK MEHTA AGP for the Respondent(s) No. 6
MR MANISH S SHAH(5859) for the Respondent(s) No. 1,2,3
MR SAADMAN PIRZADA ADVOCATE for the Respondent(s) No. 4,5
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 11/10/2022
ORAL ORDER
1. Heard learned advocate Ms.Mamta Vyas for the
petitioner, learned advocate Mr.Manish Shah for
Respondent Nos.1 to 3, learned Assistant Government
Pleader Mr.Hardik Mehta for Respondent No.6 and
learned advocate Mr.Sadman Pirzada for Respondent
Nos.4 and 5, who requests that since he has
instructions to appear on behalf of Respondent Nos.4
and 5, he may be permitted to file Vakalatnama on
behalf of Respondent Nos.4 and 5. Hence, Registry is
directed to accept the Vakalatnama that may be filed
by learned advocate Mr.Sadman Pirzada on behalf of
Respondent Nos.4 and 5.
C/SCA/16617/2018 ORDER DATED: 11/10/2022
2. By way of this petition under Articles 226 and
227 of the Constitution of India, the petitioner has
prayed for quashing and setting aside the judgment
and order dated 17.10.2018 passed in the JMA No.76
of 2018 by the learned Joint Charity Commissioner,
Ahmedabad whereby learned Joint Charity
Commissioner, Ahmedabad was pleased to dismiss the
application preferred by the present petitioner
challenging the action of removal of present petitioners
from the members of Ahmedabad Samasta Bhangi
Gnati Panch having its registration No. A / 2751 of
Ahmedabad.
3.1 The present petitioners are the members claiming
to be life-time members of the above mentioned trust /
Panch and whose names were removed by the
members of the trust / panch by respondent nos.1 to 3
and, therefore they preferred application JMA No.76 of
2018, which was rejected by learned Joint Charity
Commissioner, Ahmedabad vide order dated 17.10.2018
and, therefore, present petition is preferred challenging
the said order.
C/SCA/16617/2018 ORDER DATED: 11/10/2022
4.1 Today, learned advocate Ms.Vyas, learned
advocate Mr.Manish Shah and learned advocate
Mr.Pirzada jointly submit the consent pursis, which
reads as under:
"We, the petitioners and respondent Nos.1 to
5 jointly agree that since the main grievance in
the petition is about rejection of Life time
Membership of petitioners (in Ahmedabad
Samasta Bhanji Gnati Panch) and since the
process was done without hearing the
petitioners and without giving any opportunity
of hearing, the impugned order cancelling the
membership is required to be quashed and set
aside and respondents will pass appropriate
order after hearing the petitioners.
In the aforesaid terms and conditions, the
impugned order passed by the Joint Charity
Commissioner is required to be quashed and set
aside qua the same. Both the parties are
agreeable on the aforesaid condition and
therefore, necessary orders will have to be
obtained from the Hon'ble High Court in the
aforesaid petition.
The aforesaid terms have been entered by
present parties, categorically with an
understanding that this consensus would not be
taken as defense in any of the ongoing
litigation or in future before the Charity
Commissioner, Ahmedabad or before any Court
C/SCA/16617/2018 ORDER DATED: 11/10/2022
by any of the parties."
4.2 By submitting aforesaid pursis, all the learned
advocates viz. Ms.Mamta Vyas, learned advocate
Mr.Manish Shah and learned advocate Mr.Pirzada
jointly state that before removing the present
petitioners as members of the Ahmedabad Samasta
Bhangi Gnati Panch, the petitioners were not heard by
Respondent Nos.1 to 3 and, therefore, now the
Respondent Nos.1 to 3 are ready to hear the present
petitioners and after hearing them they are ready to
pass reasoned order.
4.3 In view of that, all learned advocates for the
contesting parties pray that the impugned order
dtd.17.10.2018 passed by the learned Joint Charity
Commissioner Ahmedabad in JMA No.76 of 2018 may
be quashed and set aside only qua the action of
Respondent Nos.1 to 3 of removing the present
petitioners as members of the Ahmedabad Samasta
Bhangi Gnati Panch.
4.4 All the learned advocates state that if any actions
C/SCA/16617/2018 ORDER DATED: 11/10/2022
are taken pursuant to the impugned order passed by
Respondent No.1 to 3 those actions will remain final
and petitioners shall not challenge the same even in
future and the matter may be remanded back to the
respondent nos.1 to 3 only by quashing and setting
aside the impugned order for taking a fresh decision in
respect of membership of present petitioners after
hearing them.
5. Learned Assistant Government Pleader Mr.Hardik
Mehta, upon instructions, states that in view of the
fact that the dispute is now settled between the
contesting parties internally and considering the fact
that the Charity Commissioner is only the guardian of
the trust, appropriate order be passed by this Court.
6. In view of the order dtd.17.10.2018 passed in
JMA 76 of 2018 is hereby quashed and set aside, with
a direction to respondent nos.1 to 3 to hear the
petitioners and to pass a reasoned order while
determining the question of membership of the present
petitioners in the Panch, as early as possible latest by
C/SCA/16617/2018 ORDER DATED: 11/10/2022
31.03.2023.
7. It is clarified that this Court has not gone into
merits of the matter and except for the aforesaid issue
about removal of present petitioners from the
membership of the trust, no other issue is considered
by the Court and all other issues are kept open.
8. With the aforesaid observations and directions,
present petition is disposed of. Notice is discharged.
Direct service is permitted.
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
