Dahyabhai Somabhai And Anr. vs Ramaji Kesraji And Ors. on 21 July, 1970
13. However, so far as the petitioners are concerned, there is no material on record available with this Court to come to the conclusion that the transaction is entered into in collusion or the petitioners were put to the notice that there is an order passed by the Charity Commissioner on 21.8.1997 and in spite of the same the sale deed is executed. Therefore, in absence of the aforesaid details, it is not possible for this Court to accept the contention of Mr. Patel that the petitioners are parties to the illegalities and, therefore, they should not be allowed to invoke jurisdiction of this Court under Article 227 of the Constitution of India. Therefore, the said contention of Mr. Patel cannot be accepted. The reliance placed upon the decision of this Court in case of "Dahyabhai Somabhai and Anr. v. Ramaji Kesarji and Ors." (supra) even if it is considered, there can not be any dispute to the proposition laid down. However, the pertinent aspect is that when this Court in the present case has found that there is no material on record to come to the conclusion that the petitioners are parties to the illegalities or have openly defied the order passed by the Charity Commissioner, the decision upon which the reliance is placed cannot be made available to the facts of the present case.