Paramswaroopdasji Guru Hanumandasji vs Pradeepbhai Banwarilal Kanoriya and Others

Ravi R. Tripathi, J.—The petitioner - Paramswaroopdasji Guru Hanumandasji is before this Court praying that:

(A) That this Honourable Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari and/or any other appropriate writ,

order or direction, quashing and setting aside the impugned judgment and order dated 25th April, 2007, passed by the Charity Commissioner,

Ahmedabad, respondent No. 10 herein, in Justice Misc. Applications Nos. 41 of 2005 and 45 of 2005, a copy whereof figures at Exhibit ""E"" to

the memorandum of present petition, to the extent they relate and pertain to a direction contained therein requiring the trustees of Shree Bhidbanjan

Hanuman Mandir, Saraspur, to consider the candidature of persons other than the disciple of Hanumandasji Guru Laxmandasji for the office of

Mahant of the said Trust;

The petitioner claims to be the disciple of the 2nd Mahant of the aforesaid Mandir under the trust scheme. His Guru - Hanumandasji Guru

Laxmandasji was the disciple of 1st Mahant - Shri Laxmandasji Guru Jankidasji.

It is not in dispute that the Guru of the present petitioner died in an accident in the year 1998 and thereafter, one Ganeshdasji was appointed by the

trustees as Mahant, who resigned in the year 2000 and thereby, the trustees were required to appoint one Shatrugandasji Guru Laxmandasji as

Mahant of the Mandir and so on and so forth.

The above details are not required to be gone into because the petitioner will be satisfied if the petitioner is given an opportunity of hearing by

the learned Charity Commissioner at the time of hearing Scheme Misc. Application No. 6 of 2007 which is filed by the trustees seeking approval

to resolution dated 27.06.2007, whereby the trustees have decided to appoint Shri Bhimdasji Guru Shatrugandasji as Mahant of the aforesaid

Mandir/trust.

The grievance of the petitioner is that the learned Charity Commissioner shall not mechanically decide Scheme Misc. Application No. 6 of 2007,

granting approval to resolution dated 27.06.2007. His only prayer is that the learned Charity Commissioner shall decide the same after giving

hearing to the petitioner and taking into consideration the objections raised by the petitioner.

It is not in dispute that Scheme Misc. Application No. 6 of 2007 is still pending and yet to be decided by the learned Charity Commissioner.

This Court is of the considered opinion that if a direction is given to the learned Charity Commissioner to decide Scheme Misc. Application No.

6 of 2007 after giving full opportunity of hearing to all concerned parties, including that of the trustees who are respondent Nos. 1, 2, 3, 5 and 6

forming one set of group, respondent No. 4, who is supporting the petitioner and respondent No. 8 - Bhimdasji Guru Shatrugandasji, who is

resolved to be appointed as Mahant of the Mandir/trust and is represented separately by learned advocate Mr. M.I. Merchant, the interest of

justice would be served.

Mr. Dave, learned advocate for the petitioner submitted that respondent No. 8 - Bhimdasji Guru Shatrugandasji, who is sought to be appointed

as Mahant of the Mandir/trust by resolution dated 27.06.2007, has already started administering/managing the affairs of the trust and that should

be taken care of and he should be restrained from administering/managing the affairs of the trust.

The request is too late in a day, more particularly when the Court is directing the learned Charity Commissioner to decide the matter as

expeditiously as possible and therefore, the request is declined.

The learned Charity Commissioner is directed to decide Scheme Misc. Application No. 6 of 2007 as expeditiously as possible, giving top

priority to the matter and without being influenced by its order dated 25.04.2007 passed in Judicial Misc. Application Nos. 41 of 2005 and 45 of

2005. The parties are directed to remain present before the learned Charity Commissioner on 11.08.2008 and thereafter, the learned Charity

Commissioner will fix the time table of the hearing of Scheme Misc. Application No. 6 of 2007 and will decide the same as expeditiously as

possible, preferably by 30.09.2008.

At the request of the learned advocates appearing for the parties, it is clarified that observations, if any, made in this order will not influence the

learned Charity Commissioner while deciding Scheme Misc. Application No. 6 of 2007.

The petition is disposed of with the aforesaid directions. Rule is made absolute. No costs.

Direct service is permitted.