In a recent judgment by the Gujarat High Court, the petition filed by Mr. Manan V. Bhatt against the Joint Charity Commissioner has been dismissed. This decision marks a significant development in the ongoing legal proceedings. Stay informed about the latest updates in this case. #GujaratHighCourt #Legal
Facts
- Petitioner and Respondent jointly filed Scheme Application No.50 of 2021 under Section 50-A of the Bombay Public Trusts Act, 1950.
- The application was partly allowed by the Joint Charity Commissioner.
- Respondent filed an application to stay the operation of the order dated 18 May 2024.
- Joint Charity Commissioner issued notice to both parties, and the stay application was set for hearing on 24 May 2024.
- Respondent scheduled a meeting for the implementation of the scheme.
Arguments
- Learned advocate Mr. Manan V. Bhatt has submitted that he has instructions to appear on behalf of the respondent.
- Respondent no.1 is represented by Mr. Manan V. Bhatt.
- The respondent’s legal representation in court is confirmed by Mr. Manan V. Bhatt.
Analysis
- The Joint Charity Commissioner has not passed any ad interim or final order yet, only issued a show-cause notice to the petitioner.
- The notice was issued to afford the petitioner an opportunity to be heard, indicating adherence to principles of natural justice.
- The matter has been scheduled for a hearing on 24 May 2024, allowing the petitioner ample opportunity to present objections and concerns.
- Filing the present petition before the scheduled hearing appears premature, as the petitioner has the chance to address all issues including maintainability and jurisdiction during the hearing.
Decision
- Petitioner filed a petition under Article 226/227 of the Constitution of India seeking to quash an order dated 23.05.2024 passed by the learned Joint Charity Commissioner, Rajkot.
- The prayer of the petitioner included a request for a writ of certiorari/prohibition or any other appropriate writ to quash the said order.
- The petitioner also requested a stay on further hearings and proceedings related to the order dated 23.05.2024.
- The Court found the petition devoid of merits and dismissed it.
- The petitioner was granted permission to raise objections before the Joint Charity Commissioner for consideration and decision.
Case Title: VITHTHALBHAI SOMABHAI PATEL Vs. JAYANTKUMAR MAHADEVPRASAD DAVE
Case Number: R/SCA/8353/2024
