Gujarat High Court
Arvindbhai Bhagwandas Sadhu vs Charity Commissioner Gujarat on 23 June, 2025
NEUTRAL CITATION
C/FA/847/2019 ORDER DATED: 23/06/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 847 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 847 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2023
In R/FIRST APPEAL NO. 847 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2025
In R/FIRST APPEAL NO. 847 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2025
In R/FIRST APPEAL NO. 847 of 2019
================================================================
ARVINDBHAI BHAGWANDAS SADHU & ORS.
Versus
CHARITY COMMISSIONER GUJARAT & ORS.
================================================================
Appearance:
ADVOCATE NOTICE SERVED for the Appellant(s) No. 1
MR ANKIT Y BACHANI(5424) for the Appellant(s) No. 2,3,4.1,4.2,4.3
MS KRISHNA DESAI, ASST. GOVERNMENT PLEADER for the Defendant(s)
No. 1,2
HL PATEL ADVOCATES(2034) for the Defendant(s) No. 4,5
MR SAURABH M PATEL(5019) for the Defendant(s) No. 3
================================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 23/06/2025
ORAL ORDER
1. Present appeal is field by the deceased appellant No.1,
who was a priest of the temple run by the Trust - Ramji Mandir
Trust against the judgment and order dated 29.10.2018
passed by the learned 8th Additional District & Sessions Judge,
Ahmedabad (Rural) at Mirzapur, in Civil Misc. Application
No.232 of 2015, whereby, the said application came to be
rejected and the order passed by the Joint Charity
Commissioner in Revision Application No. 24 of 2009 came to
NEUTRAL CITATION
C/FA/847/2019 ORDER DATED: 23/06/2025
undefined
be upheld.
2. Brief facts leading to the present appeal are that, Ramji
Mandir Shilaj, A/558/Ahmedabad was a Registered Public Trust.
That, in Further Inquiry No. 1001/86 vide order dated
26/05/1992 the learned Deputy Charity Commissioner declared
the land situated at Survey No. 759 to be the aforesaid trust
property. Against this order the present appellant preferred a
Revision Application No. 24/2009 before the Joint Charity
Commissioner, whereby, the Joint Charity Commissioner
observed that despite the timely knowledge of the order dated
26/05/1992 the revisionist therein did not file appeal before
the Charity Commissioner as per the provisions of the Bombay
Public Trust Act and to come up with such a long delay in
challenging the said order has filed the revision before him,
which is nothing but a misuse of the provisions of the said Act.
Holding such the learned Joint Charity Commissioner passed
the order dated 30/09/2015, which was challenged before the
learned 8th Additional District & Sessions Judge, Ahmedabad
(Rural) at Mirzapur by way of filing Civil Misc. Application
No.232 of 2015, whereby, the said application came to be
rejected vide order dated 29.10.2018 and the order passed by
the Joint Charity Commissioner in Revision Application No. 24
of 2009 came to be upheld.
3. Being aggrieved and dissatisfied with the aforesaid
judgment and order passed by the learned 8 th Additional
District & Sessions Judge, Ahmedabad (Rural) at Mirzapur, the
appellant has filed the present First Appeal under Section 72(4)
of the Bombay Public Trust Act, 1950.
NEUTRAL CITATION
C/FA/847/2019 ORDER DATED: 23/06/2025
undefined
4. Learned advocate Mr. Ankit Bachani, appearing on behalf
of the appellants, has submitted that in view of the settlement
arrived at between the appellants and the Trust, he seeks
permission to withdraw the present appeal as the appellants
have forego their rights in the subject parcel of land owned by
the Trust, which is objected by learned advocate Mr. Salil
Thakore on the basis of the registered sale deed executed by
the original appellant.
5. Mr. Salil Thakore, learned advocate on record for the
applicant in civil application (For Joining Party), has
emphasizedly submitted that the applicant has purchased the
subject parcel of land, owned by the Trust, through power of
attorney holder of the appellant priest of the Ramji Temple.
6. It appears that the said power of attorney was not
registered and the original appellant entered into settlement
with the temple Trust and had foregone his right over the land
in question. Pending the present proceedings, after the death
of the original appellant, even his legal heirs also entered into
settlement with the temple Trust. It is also to be noted herein
that, the applicant in civil application (For Joining Party) was
not a party before the Civil Court and unless and until her right
is decided by the competent Civil Court, she cannot be joined
as party in the present proceedings filed by and between the
appellant Priest and the Trustees. Moreover, if that priest has
no right over the subject parcel of land, the said land in
question cannot be sold by the power of attorney holder of the
priest. All these facts are required to be established before the
NEUTRAL CITATION
C/FA/847/2019 ORDER DATED: 23/06/2025
undefined
Civil Court and it cannot be decided in the present proceedings
and hence, the application for joining party is hereby rejected
and the applicant cannot object the withdrawal of the present
proceedings by the appellants.
7. The objection is turned down. The appellants are
permitted to withdraw the present appeal. In the result, the
present appeal stands disposed of as withdrawn. Notice is
discharged. Interim relief, if any, stands vacated forthwith. No
order as to costs.
8. It is open for the applicant of civil application (For Joining
Party) to file appropriate proceedings to establish her right,
since the same is not yet decided by this Court.
9. In view of the disposal of the main First Appeal, the
connected civil applications also stand disposed of.
(HEMANT M. PRACHCHHAK,J)
Dolly
