Satishchandra Dhirajsinh Solanki vs Joint Charity Commissioner
2024 Latest Caselaw 1511 Guj

Gujarat High Court

Satishchandra Dhirajsinh Solanki vs Joint Charity Commissioner on 19 February, 2024

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                               NEUTRAL CITATION




      C/CA/3287/2022                                      ORDER DATED: 19/02/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 3287 of 2022
           In F/LETTERS PATENT APPEAL NO. 27268 of 2019
                               With
            F/LETTERS PATENT APPEAL NO. 27268 of 2019
          In R/SPECIAL CIVIL APPLICATION NO. 4869 of 2019
                               With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
           In F/LETTERS PATENT APPEAL NO. 27268 of 2019
          In R/SPECIAL CIVIL APPLICATION NO. 4869 of 2019
                               With
              F/CIVIL APPLICATION NO. 27272 of 2019
            In F/LETTERS PATENT APPEAL NO. 27268 of 2019
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  SATISHCHANDRA DHIRAJSINH SOLANKISATISHCHANDRA DHIRAJSINH SOLANKI & ORS.
                                   Versus
        JOINT CHARITY COMMISSIONER & ORS.JOINT CHARITY COMMISSIONER
==========================================================
Appearance:
MR. ASHOK A PUROHIT(6267) for Applicant(s) No. 1,1.1,1.2
 for the Respondent(s) No. 1,3
MR SALIL M THAKORE(5821) for the Respondent(s) No. 2
==========================================================
     CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL
           and
           HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                       Date : 19/02/2024
                           ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This is a wholly misconceived application

seeking for leave to appeal by a person who has

already approached the Gujarat Revenue Tribunal

seeking to challenge the order passed by the Charity

Commissioner which was subjected to challenge by

other private persons before the learned Single Judge

and who had lost before the Single Bench.

2. It is an admitted fact of the matter that the

applicant herein has filed Revision No.2 of 2019

NEUTRAL CITATION

C/CA/3287/2022 ORDER DATED: 19/02/2024

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before the Gujarat Revenue Tribunal challenging the

order dated 27.12.2018 passed by the Joint Charity

Commissioner, which is pending consideration as on

date. The contention of the learned counsel for the

applicant that the observations made in the judgment

and order dated 05.04.2019 passed by the learned

Single Judge in Special Civil Application No.4869 of

2019 connected with other petitions filed by some

other persons would be affecting the applicant in an

adverse manner, is found misconceived.

3. No leave can be granted to the applicant to

institute appeal in view of the pendency of the

proceedings before the Tribunal wherein the applicant

is free to agitate his claims and rights available in

law. The application seeking leave to appeal is,

accordingly, rejected. In view of the rejection of

the application seeking leave to appeal, other

applications and appeal automatically stand rejected.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J) GAURAV J THAKER