Gujarat High Court
Mahant Sri Rampadarathdas Guru Sri ... vs Charity Commissioner on 25 April, 2025
NEUTRAL CITATION
C/FA/2805/2023 ORDER DATED: 25/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2805 of 2023
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of
2020
In
R/FIRST APPEAL NO. 2805 of 2023
With
R/FIRST APPEAL NO. 2822 of 2023
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of
2020
In
R/FIRST APPEAL NO. 2822 of 2023
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MAHANT SRI RAMPADARATHDAS GURU SRI
SITARAMDASJI MAHARAJ
Versus
CHARITY COMMISSIONER & ORS.
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Appearance:
MR ASIT B JOSHI(2567) for the Appellant
VAIBHAV V GOSWAMY(9019) for the Defendant Nos. 3,4,5
MR. SHIVAM DIXIT, AGP for the Defendant - State
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 25/04/2025
ORAL ORDER
1. The present appellant claims to be the Sishya of Sadhu Sitaramdasji Guruchatrabhujdasji, who was the original Trustee of the Trust - namely Godhma Ashram at Junagadh. Apart from the present appellant, one disciple, namely Maunibapu, also claimed to be the Sishya of Sadhu Sitaramdasji Guruchatrabhujdasji, with the present appellant.
After the death of Sadhu Sitaramdasji Guruchatrabhujdasji
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NEUTRAL CITATION
C/FA/2805/2023 ORDER DATED: 25/04/2025
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the appellant was looking after the Seva -puja of the temple and affairs of the trust, along with the trustee, Maunibapu, who subsequently expired on 25 th October, 2006. In such circumstances, the present appellant, being a sole member of the trust, had applied for change report No.384 of 2009, on 11th November 2009, claiming to be the sole trustee of the said Trust. The aforesaid change report was objected by Bheemdasji, along with respondent nos.3 to 5, being the Sishya of the erstwhile Trustee.
2. The learned Assistant Charity Commissioner, Junagadh, vide order dated 8th July 2011, after hearing the respective parties, refused to entertain the change report, submitted by the present appellant. However, in the meanwhile, the present appellant was appointed as defacto Trustee of the same Trust. Being aggrieved and dissatisfied with the aforesaid order, the appellant had preferred appeal, which was registered as Appeal no.33 of 2011, before the Charity Commissioner, Junagadh. The opponent nos. 3 to 5 had also preferred an appeal, which was registered as Appeal No. 27 of 2011, in the aforesaid proceedings.
3. Considering the prayer of the appellant, the learned Charity Commissioner was pleased to stay the order passed in the Change Report no.384 of 2009, pending the appeal. It appears from the record that pending the aforesaid two appeals before the learned Charity Commissioner, the opponent nos.3 and 4, had directly approached the learned District Judge, by preferring Miscellaneous Application under Page 2 of 6 Uploaded by AMAR RATHOD(HC01074) on Fri May 02 2025 Downloaded on : Sat May 03 12:51:40 IST 2025 NEUTRAL CITATION C/FA/2805/2023 ORDER DATED: 25/04/2025 undefined Section 47, read with Section 47 A of the Bombay Public Trust Act, seeking appointment as Trustees. The aforesaid application was registered as Civil Misc. Application no.136 of 2011. The learned District Judge, upon appreciation of the material on record and after hearing the respective parties, by judgment and order dated 24th February, 2012, had appointed the said opponent no.3 and 4 along with Hirabhai Khodabhai Palsaria as a Trustees of the Trust. Against the aforesaid judgment and order, passed by the learned Additional District Judge, the appellant, had approached in appeal, before this Court, which was registered as First Appeal no.903 of 2012. After considering the submissions made by the learned advocate for the appellant, this Court vide order dated 27 th March, 2012 was pleased to dispose of the aforesaid appeal, with a direction to, the learned Charity Commissioner to decide and dispose the pending appeals being Appeal nos.27 of 2011 and 33 of 2011, in accordance with law on merits, within period of six months. It was clarified that, the responded no.2 - Charity Commissioner shall decide such appeals on merits, without being influenced by the disposal of the first appeal. Subsequently, the learned Charity Commissioner, by common order dated 19 th October, 2012 was pleased to allow the Appeal no.27 of 2011, preferred by opponent no.3 and was further pleased to quash and set aside, the order dated 8th July 2011, passed by the learned Assistant Charity Commissioner, Junagadh in Change Report no.384 of 2009. Simultaneously, the learned Charity Commissioner, dismissed the appeal no.33 of 2011 filed by the present appellant, leading to the appointment of opponent nos.3 to 5, Page 3 of 6 Uploaded by AMAR RATHOD(HC01074) on Fri May 02 2025 Downloaded on : Sat May 03 12:51:40 IST 2025 NEUTRAL CITATION C/FA/2805/2023 ORDER DATED: 25/04/2025 undefined as Trustees of the same Trust.
4. The appellant being aggrieved and dissatisfied, with the aforesaid common order, dated 19 th October 2012, passed by the learned Charity Commissioner, had approached in appeal, before the learned District Court, Junagadh under Section 72 of the Bombay Public Trust Act, which were registered as, Civil Misc. Application no.118 of 2013 and 119 of 2013. The learned Additional District Judge, Junagadh, by impugned judgment and order dated 10 th March, 2016 and 26 th October, 2018 rejected the aforesaid applications.
5. Being aggrieved and dissatisfied with the aforesaid orders passed by the learned Additional District Judge, the appellant has approached in captioned appeal, under Section 72 of the Trust Act.
6. At the outset, Mr. Joshi, learned advocate for the appellant while inviting my attention to the aforesaid undisputed facts has submitted that he has instructions to not to press the aforesaid appeals in view of the settlement arrived between the appellant and respondent nos.3 to 5. The learned advocate has placed on record true copy of the settlement agreement, dated 11 th April 2025 Notarized on 13 th April, 2025 entered upon between respective parties. The settlement agreement, is taken on record. By referring to the terms and conditions of the settlement agreement, learned advocate has submitted that the grievance of the appellant does not survive. He, therefore, seeks permission of this Court Page 4 of 6 Uploaded by AMAR RATHOD(HC01074) on Fri May 02 2025 Downloaded on : Sat May 03 12:51:40 IST 2025 NEUTRAL CITATION C/FA/2805/2023 ORDER DATED: 25/04/2025 undefined to withdraw the present appeal unconditionally.
7. Mr. Shivam Dixit, learned AGP appearing for the respondent - State authorities under instruction has submitted that a suitable observation, be made, more particularly, when the Public Trust is involved and by virtue of, the aforesaid settlement agreement, the appellant, would be taking charge of the Public Trust, as a Trustee.
8. At this stage, Mr. Joshi, learned advocate appearing for the appellant, has submitted that by virtue of the settlement agreement, the appellant, would be in fact, required to apply afresh by submitting a Change Report in this regard. He has further pointed-out, that in fact, the opponent nos.3 to 5, who are at present, in charge of the Trust as Trustees, are required to take appropriate recourse, as provided under the law, by applying for resignation as Trustees of the same Trust. The aforesaid change report would be required to be examined by the Charity Commissioner, in accordance with law. He has therefore, submitted that, by seeking unconditional withdrawal, no interest of the Trust, is likely to be, prejudiced, as it would be open for the Charity Commissioner to look into the matter and pass appropriate order in accordance with law.
9. Considering the, aforesaid submissions, as rightly pointed-out by the learned advocate for the appellant that the change report, which would be submitted by the present appellant in view of the settlement agreement shall be, Page 5 of 6 Uploaded by AMAR RATHOD(HC01074) on Fri May 02 2025 Downloaded on : Sat May 03 12:51:40 IST 2025 NEUTRAL CITATION C/FA/2805/2023 ORDER DATED: 25/04/2025 undefined examined by the Charity Commissioner in accordance with law, the prayer sought for, seeking, withdrawal of the present appeal, unconditionally, deserves consideration.
10. Hence, the present appeal, stands disposed of as withdrawn. No order as to costs.
(NISHA M. THAKORE, J.) AMAR RATHOD...
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