RAVILAL KESHRABHAI PATELversusJT. CHARITY COMMISSIONER, RAJKOT

     C/SCA/1929/2023                              JUDGMENT DATED: 07/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1929 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
==========================================================

            Approved for Reporting               Yes          No

==========================================================
                      RAVILAL KESHRABHAI PATEL & ANR.
                                   Versus
                 JT. CHARITY COMMISSIONER, RAJKOT & ORS.
==========================================================
Appearance:
MR JAAL UNWALA SENIOR ADVOCATE WITH MS TEJAL A VASHI(2704)
for the Petitioner(s) No. 1,2
MR KUSHAL R SHAH(10585) for the Respondent(s) No. 2
MR. RAHUL R DHOLAKIA(6765) for the Respondent(s) No. 3
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 07/04/2026

                                JUDGMENT


1.      RULE returnable forthwith. Learned counsel for the
respondents waive service of Rule on behalf of the respective
respondents. With the consent of both the parties, the present
petition is taken up for final hearing today.


2.      Present petition is filed by the petitioner under Articles 14,
19(1)(g), 226, 227 and 300-A of the Constitution of India read
with the provisions of Gujarat Public Trust Act, 1950 and Rules
framed thereunder seeking following reliefs:


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        “(A) This Honourable Court may be pleased to issue any
        appropriate writ order or direction to quash and set aside the
        order dated 28.12.2022, below Exh.30 passed by the Ld. In-
        charge Joint Charity Commissioner in application no.41/09/2016
        and thereby be pleased to allow the said application u.s.41A of
        the petitioners;

        (B) Pending the admission, hearing and final disposal of this
        petition, this Honourable Court may be pleased to stay the
        execution, operation and implementation of the order dated
        28.12.2022, below Exh.30 passed by the Ld. In-charge Joint
        Charity Commissioner in application no.41/09/2016;

        (C) Grant such other and further reliefs as may be deemed fit
        and proper in the interest of justice.”


3.      Brief facts giving rise to the present petition are that, the
petitioners are the Trustees of Shri Ishwar Ashram Seva Trust,
Vandhay which was formed on 14th April,1989 and registered on
30/08/1989 bearing registration no. E/959/Kutch. That, the Trust
by the name of Ishwar Ashram (Dwaro), Vandhay, bearing
registration no.A-217 (Kutch) was holding various properties and
the said Trust was administered by a sole trustee by the name of
Sadhu Karsandasji Guru Shantidasji. That, one lease deed dated
17.1.1992 was executed by the sole trustee of Shri Ishwar
Ashram, Vandhay Trust whereby, the said properties were given
on lease to the Trust wherein, the petitioners are the trustees
without restriction of the period of lease. That, the sole Trustee
i.e. Sadhu Karsandasji expired on 20.2.2012. That, during his
lifetime, Sadhu Karsandasji Maharaj has not declared any person
as his Chela or Gadipati (thrown bearer) of Shri Ishwar Ashram
(Dwaro), Vandhay Trust. That, Sadhu Karsandasji Maharaj, during
his lifetime had declared respondent no.2 as his chela for

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another Trust which was to be run and managed by him in the
name of Chaitanya Swarup Ashram, Rameshwar Trust at
Nakhatrana. That, the petitioners approached the Joint Charity
Commissioner in the year 2015, requesting the Charity
Commissioner to frame a scheme u/s.50 of the Act vide Scheme
Application no.17 of 2015. That the respondent no.2 herein was
never associated with the present Trust and was never declared
as Mahant or Chela for the present Trust i.e. Ishwar Ashram
(Dwaro), Vandhay Trust. That a 7 members committee was
constituted to take over the immediate management and
administration of the Trust and its properties. That, as the
respondent no.2 herein declared himself as the chela and
Mahant of Ishwar Ashram (Dware), Vandhay Trust and started
meddling with the affairs of the said Trust, the petitioners herein
approached the Charity Commissioner by way of an application
under the provisions of section-41A of the Act being JMA
no.41/09/2016 which came to be rejected. That, on 28.12.2022,
the scheme application no.17 of 2015 also came to be dismissed
by the respondent no.1. That, the respondent no.1 has issued
directions de-hors the provisions of section-41A of the Act and
has directed the private respondent herein to take over the
possession of the Trust property from the petitioners and the
private respondent forcefully took the possession of the land
from the petitioners which was given to the petitioners on lease
vide lease deed dated 17.1.1992.


4.      Being aggrieved and dissatisfied with the impugned order


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dated 28.12.2022 passed by the Joint Charity Commissioner, the
petitioner has preferred the present petition.


5.      Heard the learned counsel for the respective parties.


6.      Mr. Jaal Unwala, learned senior counsel with Ms. Vashi,
learned counsel for the petitioners has submitted that the
impugned order passed by the Joint Charity Commissioner is
illegal, unjust, arbitrary, erroneous and contrary to the facts and
material on record and the provisions of the Act and therefore, is
required to be quashed and set aside. He has submitted that a
Coordinate Bench of this Court has previously adjudicated an
identical issue being Special Civil Application No. 7336 of
2025 with Special Civil Application No. 7284 of 2025
whereby this Court vide CAV judgment dated 08.12.2025
allowed the petitions thereby quashing and setting aside the
impugned orders issued by Respondent No. 1 under Section 41A
dated 15.05.2025 and 25.05.2025 and remanded the matter to
the concerned authority for fresh consideration. He has urged
that in view of the aforementioned order passed by the
Coordinate Bench of this Court remanding the matter to the
concerned authority and the identical issue involved in the
present matter, the present petition may be allowed and
appropriate orders may be passed.


7.      Mr. Meet Shah, learned counsel has contended that he is
unable to dispute the order of the Coordinate Bench of this Court


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relied upon by the petitioners and has submitted that
appropriate orders may be passed.


8.      I have heard the learned counsel appearing for the
respective parties and perused the material placed on record. I
have also considered the impugned order passed by the Joint
Charity Commissioner. It appears from the records that the
petitioners have challenged the impugned order passed by
respondent no.1 whereby the petitioner’s application came to be
rejected. It appears that the learned counsel for the petitioners
have relied upon the decision of the Coordinate Bench of this
Court in an identical issue being Special Civil Application No.
7336 of 2025 with Special Civil Application No. 7284 of 2025
whereby this Court vide CAV judgment dated 08.12.2025 allowed
the petition and the impugned orders were quashed and set
aside thus, remanding the matter to the concerned authority.
Considering the facts and circumstances of the case and the
submissions made by learned counsel for the respective parties
and the aforesaid decisions of this Court, the matter deserves to
be allowed and the impugned order deserves to be quashed and
set aside and the matter is required to be remanded back to
respondent no.1 for deciding afresh.


9.      In the result, the present petition is hereby allowed. The
impugned order passed by the Joint Charity Commissioner,
Rajkot is hereby quashed and set aside. The matter is remanded
back to the respondent no.1 for deciding the issue afresh and the


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       C/SCA/1929/2023                                                   JUDGMENT DATED: 07/04/2026




 Joint Charity Commissioner shall decide the same in accordance
 with law, after giving an opportunity of hearing to the concerned
 parties as expeditiously as possible. The parties shall not take
 unnecessary adjournments so as to facilitate early decision in the
 said matter. Rule is made absolute to the aforesaid extent.



                                                               (HEMANT M. PRACHCHHAK,J)
 ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 15/04/2026 17:44:02




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