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Judgment
Rajesh H. Shukla, J.—Rule. Learned Counsel, Mr. Ashish Shah for the Respondent Nos. 1 and 3 and learned Counsel, Mr. C.B. Upadhyaya for the Respondent No. 2 waive service of notice of rule.
The present petition has been filed under the provisions of the Bombay Public Trusts Act, 1950 challenging the impugned order dated 05.10.2010 passed below application, Exh.4 by the Joint Charity Commissioner, Surat in Misc. Application No. 19 of 2010 on the grounds set out in the petition.
Heard learned Sr. Advocate, Mr. R.S. Sanjanwala for the Petitioners, learned Counsel, Mr. Ashish Shah for the Respondent Nos. 1 and 3 and learned Counsel, Mr. C.B. Upadhyaya for the Respondent No. 2.
After some arguments, learned Counsels appearing for the parties with consent have stated that the impugned order may be quashed and set aside and the Respondent No. 2-Joint Charity Commissioner may be directed to decided Misc. Application No. 19 of 2010 as well as Change Report No. 30/2009, which is pending before the Charity Commissioner as expeditiously as possible after giving opportunity to the concerned parties in accordance with law.
Accordingly, the present petition is allowed. The impugned order dated 05.10.2010 (Annexure-I) passed below application, Exh.4 by the Joint Charity Commissioner, Surat in Misc. Application No. 19 of 2010 is hereby quashed and set aside. The Respondent No. 2-Joint Charity Commissioner is hereby directed to decide Change Report No. 30 of 2009 as well as Misc. Application No. 19 of 2010 as expeditiously as possible preferably within a period of four months from today in accordance with law after giving opportunity to both sides.
It goes without saying that all contentions are open for the parties to be raised before the authority including as to whether Section 41A of the Bombay Public Trusts Act, 1950 is attracted or not as canvassed by the learned Sr. Adv. Mr. Sanjanwala. It also goes without staying that the parties shall give their cooperation and shall not ask for the adjournment without unavoidable circumstances.
Rule is made absolute to the aforesaid extent.
In view of the above order, Civil Application No. 13322 of 2010 filed for vacating the interim relief granted vide order dated 19.10.2010 passed in Special Civil Application No. 13879 of 2001 does not survive and also stands disposed of accordingly. Notice is discharged.