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High Court of Gujarat

ISLAMIC CULTURAL SOCIETY OF GUJARATversusSTATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court directed the Assistant Charity Commissioner to decide the pending Change Report No. 175 of 2025 expeditiously and disposed of the petition without addressing its merits.

Summary

The Islamic Cultural Society of Gujarat filed a Special Civil Application seeking an order directing the Assistant Charity Commissioner, Gandhinagar, to decide Change Report No. 175 of 2025 within two months. The petitioner argued that the delay in adjudicating the change report was prejudicial to its interests. The Court examined the procedural posture and noted that the report was pending before the Assistant Charity Commissioner. Without delving into the substantive merits of the change report, the Court ordered the Commissioner to decide the report as expeditiously as possible. The order emphasized the need for prompt administrative action in the interest of justice. Consequently, the petition was disposed of without a merits hearing.

Issues considered

  • What procedural direction can the Court issue to compel the Assistant Charity Commissioner to decide a pending change report within a specified time?

Subjects

  • Charity law
  • Change report
  • Administrative delay
  • Special Civil Application
  • Expeditious decision

Judgment

     C/SCA/10006/2026                             ORDER DATED: 23/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 10006 of 2026

==========================================================
                  ISLAMIC CULTURAL SOCIETY OF GUJARAT
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AM PAREKH(562) for the Petitioner(s) No. 1
NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 23/07/2026

                                ORDER


1.     By way of this petition, the petitioner has prayed for
following relief;


       (A) Your Lordship may be pleased to direction to the
       respondents No.2 to decide the Change Report No 175 of
       2025 as earlier possible within 2 months in the fact and
       circumstance of the case. (Annexure D)

       (B) Pending admission hearing and final disposal of the
       present petition, Your Lordships may be pleased to direct
       the Respondents no.2 to decide the the Change Report No
       175 of 2025 pending before the Respondent No.2 as as
       earlier possible within in the facts and circumstance of
       the case.

       (C) Grant such other and further relief/s in favor of the
       petitioner as may be deem just and proper in the facts


                                Page 1 of 2
        C/SCA/10006/2026                                                                  ORDER DATED: 23/07/2026




           and circumstances of the case and in the interest of
           justice.


2.         Considering the fact that the change report submitted by
the petitioner is pending before respondent No. 2, i.e. the
Assistant Charity Commissioner, Gandhinagar, the Assistant
Charity Commissioner, Gandhinagar is directed to decide the
said change report as expeditiously as possible.


3.         With the above observation and direction, the petition
stands disposed of without entering into the merits of the
matter.


                                                                                              (NIRZAR S. DESAI,J)
BHAVIN MEHTA




     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 23/07/2026 17:05:59




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