High Court of Gujarat

CHURCH COUNCIL BOARD INDIAN CANADIAN PRESBYTERIAN MISSION COUNCILversusCHARITY COMMISSIONER

Decided: 21 April 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is disposed of as withdrawn, with liberty to avail an alternate remedy under Section 72 of the Gujarat Public Trust Act.

Summary

The Church Council Board Indian Canadian Presbyterian Mission Council filed a special civil application against the Charity Commissioner and others. The petitioner sought permission to withdraw the petition while retaining the liberty to pursue an alternative remedy under Section 72 of the Gujarat Public Trust Act. The Court, after hearing counsel, granted the request, ordered the petition to be withdrawn, discharged all notices, and directed that the cost deposit made by the petitioner be returned after verification. No merits of the dispute were examined. The order was signed by Justice Hemant M. Pracchhak.

Issues considered

Whether the petitioner may withdraw the petition and avail an alternate remedy under Section 72 of the Gujarat Public Trust Act

Legislation cited

Gujarat Public Trust Act — s. 72

Subjects

withdrawal of petition
public trust
Section 72
cost deposit
notice discharge

Judgment

      C/SCA/20648/2022                                                                ORDER DATED: 21/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                 R/SPECIAL CIVIL APPLICATION NO. 20648 of 2022
==========================================================
CHURCH COUNCIL BOARD INDIAN CANADIAN PRESBYTERIAN MISSION
                        COUNCIL
                          Versus
              CHARITY COMMISSIONER & ORS.
==========================================================
Appearance:
MR MIHIR H PATHAK(5261) for the Petitioner(s) No. 1
MR VAIBHAV SHARMA AGP for the Respondent(s) No. 1
MANAN K PANERI(7959) for the Respondent(s) No. 17,19,2
NOTICE SERVED for the Respondent(s) No.
10,11,12,13,14,15,16,18,20,3,4,5,6,7,8,9
==========================================================

   CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                                               Date : 21/04/2026

                                                 ORAL ORDER


         Mr. Pathak, learned counsel for the petitioner, under
instructions,                 seeks           permission                   to       withdraw                 present
petition with a liberty to avail alternate remedy under
Section 72 of the Gujarat Public Trust Act.
         Permission as sought for is granted. The petition
stands disposed of as withdrawn with aforesaid liberty.
Notice is discharged. This Court has not entered into the
merits of the case. The amount deposited by the
petitioner before this Court towards cost shall be
returned to the petitioner after due verification.


                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2026 16:50:08




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