Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1574 (GUJ)

Purshottam Vadivel Pillai v. Heborn Education Trust

2017-09-04

RAJESH H.SHUKLA

body2017
ORDER : RAJESH H. SHUKLA, J. 1. The present petition is filed by the petitioners under Articles 226 and 227 of the Constitution of India as well as under the Bombay Public Trust Act as well as in the matter of the impugned order passed by the Joint Charity Commissioner below Exh. 58 dated 8.8.2017 on the grounds stated in the memo of petition. 2. Heard learned Advocate Shri Vishal T. Patel for the Petitioners and learned Advocate Shri M.I Merchant for Respondent No. 2. 3. The brief facts of the case summarized are as follows: 4. The order impugned at Annexure-A is challenged contending that the petitioners had filed an application before the Respondent No. 7-Charity Commissioner for modification of the Scheme in respect of Respondent No. 1-Trust. The Scheme Application No. 8/2011 referred to the mismanagement of the funds and the affairs as well as the properties of Respondent No. 1-Trust which lead to the aforesaid application. However, as stated in the petition in detail, the petitioners have sought some information through RTI and on that basis has stated that the petitioners may be permitted to lead evidence and they may be permitted to give evidence or cross-examine the witness. 5. Though these submissions have been made, as could be seen from the impugned order, after hearing both the sides, the closing purshis have been given including the petitioners herein. There is no question of now permitting further evidence. Moreover, the earlier Special Civil Application No. 11895 of 2016 has been disposed of vide order dated 7.4.2017 which has also been referred. 6. It is in these circumstances, the submission made by learned Advocate Shri Patel that based on some information received under the RTI he may be permitted to lead the evidence or grant the proceedings of the scheme application before the Joint Charity Commissioner cannot be permitted. In any case, the petitioner will have the opportunity to make necessary application for the purpose of hearing of the scheme application which is still pending before the Joint Charity Commissioner and the petitioners can avail an opportunity to produce whatever the material desire and also making the submissions. 7. In any case, the petitioner will have the opportunity to make necessary application for the purpose of hearing of the scheme application which is still pending before the Joint Charity Commissioner and the petitioners can avail an opportunity to produce whatever the material desire and also making the submissions. 7. Therefore, this petition cannot be entertained in exercise of discretionary jurisdiction under Article 226 and 227 of the Constitution of India as the order impugned cannot be said to suffering from any jurisdictional error coupled with the fact that the hearing of the scheme application 8 of 2011 is pending before the Joint Charity Commissioner and therefore it is not likely to cause any prejudice to the petitioners. 8. In the circumstances, the present petition stands disposed of.