Gujarat High Court
Shree Swaminarayan Mandir Trust ... vs Charity Commissioner Shri on 21 November, 2016
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/20290/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 20290 of 2015
==========================================================
SHREE SWAMINARAYAN MANDIR TRUST (HIFLI) BOTAD....Petitioner(s)
Versus
CHARITY COMMISSIONER SHRI....Respondent(s)
==========================================================
Appearance:
MR NIRAV SANGHVI, ADVOCATE for MR ASHISH M DAGLI, ADVOCATE for
the Petitioner(s) No. 1
MR RUTVIJ OZA, AGP for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 21/11/2016
ORAL ORDER
1. Heard Mr. Nirav Sanghvi, learned advocate for Mr. A.M. Dagli, learned advocate for the petitioner and Mr. Rutvij Oza, learned AGP for the State Government authorities.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 26.7.2012 passed by the respondent authority, whereby the change report filed by the petitioner on 16.2.2012 wherein the reason for change is mentioned as closure of the trust apropos Resolution passed by the trust in its meeting held on 17.10.2011.
3. The learned advocates appearing for the respective parties have pointed out that there is no specific provision under the Act for Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Nov 22 00:14:39 IST 2016 C/SCA/20290/2015 ORDER closure of the trust. The learned advocate for the petitioner submits that the trust intends to amalgamate with another trust known as Shri Gopinathji Dev Trust. However, the application which was filed by the petitioner was for closure. Even in the said Resolution, it is mentioned that the petitioner trust intends to dissolve itself and transfer all assets/sums to Shri Gopinathji Dev Mandir, Gadhada. The Resolution as well as the application does not indicate that it was for amalgamation of the petitioner trust with the other trust and therefore, no interference is called for. However, it would be open for the petitioner to file appropriate application for amalgamation in accordance with law which shall be considered by the authorities without in any manner being influenced by the order impugned. It is, however, clarified that this Court has not expressed any opinion on merits of the matter.
4. With these observations, this petition is disposed of. Direct service is permitted. Notice discharged.
(R.M.CHHAYA, J.) mrp Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Nov 22 00:14:39 IST 2016