Mahant Narayandasji Gurumahant ... vs State Of Gujarat
2025 Latest Caselaw 289 Guj

Gujarat High Court

Mahant Narayandasji Gurumahant ... vs State Of Gujarat on 7 May, 2025

                                                                                                                NEUTRAL CITATION




                              C/SA/134/2025                                    ORDER DATED: 07/05/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                              R/SECOND APPEAL NO. 134 of 2025

                                                          With
                                       CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
                                           In R/SECOND APPEAL NO. 134 of 2025
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                                 MAHANT NARAYANDASJI GURUMAHANT RAGHAVDASJI
                                                    Versus
                                           STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MR NK MAJMUDAR(430) for the Appellant(s) No. 1
                      MR BHARAT VYAS, AGP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                          Date : 07/05/2025

                                                            ORAL ORDER

1. The present Second Appeal has been filed challenging the judgment and order dated 29.11.2024 passed by the Additional District Judge, Mehsana below exhibit 1 in Civil Misc. Application no.35 of 2022 confirming the judgment and order dated 05.03.2022 passed by the Charity Commissioner in Scheme Amendment Application no.4 of 2021.

2. Learned advocate for the petitioner has submitted that the order that has been passed under Section 72 of the Gujarat Public Trusts Act, 2011 and therefore the appeal shall lie and the second appeal would not be maintainable.

3. Learned AGP Mr.Bharat Vyas for the respondent State has

NEUTRAL CITATION

C/SA/134/2025 ORDER DATED: 07/05/2025

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relied upon the judgment dated 24.12.2024 by the Coordinate Bench in First Appeal No.4131 of 2024, wherein it has been observed that the First Appeal shall lie against the order passed under Section 72 of the Gujarat Public Trusts Act, 2011.

4. In view of the same learned advocate for the appellant seeks permission to withdraw the present Second Appeal with liberty to file First Appeal as per Section 72 of the Gujarat Public Trusts Act, 2011.

5. In view of the same, the present Second Appeal is permitted to be withdrawn with liberty to file appropriate proceedings by way of First Appeal under Section 72 of the Gujarat Public Trusts Act, 2011. The present Second Appeal is accordingly disposed of.

6. In view of the disposal of the Second Appeal, the Civil Application for stay does not survive and the same is accordingly disposed of.

(SANJEEV J.THAKER,J) URIL RANA