High Court of Gujarat

ISLAMIC CULTURAL SOCIETY OF GUJARATversusTHE CHARITY COMMISSIONER,AHMEDABAD

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: HEMANT M PRACHCHHAK

Holding

The court directed the respondent to decide the pending Change Report No.70 of 2024 within three months from receipt of the order.

Summary

The Islamic Cultural Society of Gujarat filed a Change Report No.70 of 2024 on 19 March 2024, which remained undecided by the Charity Commissioner, Ahmedabad (respondent No.2). The petitioner sought a court order directing the respondent to decide the report within a reasonable time. The respondent argued that the court should fix the time period for decision. The court examined the record, noted the undue delay, and directed the respondent to decide the pending change report within three months of receiving the order. Consequently, the petition was disposed and the rule made absolute.

Issues considered

Whether the respondent should be directed by the court to decide the pending Change Report No.70 of 2024 within a specified time.

Subjects

Change Reportadministrative delaydirection to decideCharity CommissionerSpecial Civil Application

Judgment

   C/SCA/5701/2026                              JUDGMENT DATED: 06/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5701 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

==========================================================

          Approved for Reporting               Yes          No
                                                            No
==========================================================
               ISLAMIC CULTURAL SOCIETY OF GUJARAT
                              Versus
           THE CHARITY COMMISSIONER,AHMEDABAD & ANR.
==========================================================
Appearance:
MR AM PAREKH(562) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,2
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 06/05/2026

                          ORAL JUDGMENT

1. Leave to correct the prayer clause 15(B).

2. Rule returnable forthwith. Mr.Nikunj Kanara, learned
AGP waives service of notice of rule for and on behalf of
respondent.

3. With the consent of the learned counsel appearing for
the respective parties, the matter is taken up for final
hearing.



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     C/SCA/5701/2026                      JUDGMENT DATED: 06/05/2026




4. Heard Mr. A.M. Parekh, learned counsel for the
petitioner and Mr. Nikunj Kanara, learned AGP for the
respondents.

5. Mr.Parekh, learned counsel for the petitioner submits
that the Change Report No.70 of 2024 file on 19.3.2024
filed by the petitioner is pending before respondent No.2.
He urges before the Court to direct the respondent No.2
to decide the said change report filed by the petitioner
within reasonable time period.

6. On the other hand, Mr. Kanara, learned AGP for the
respondents submits that if the Change report filed by the
petitioner bearing Change Report No.70 of 2024 dated
19.03.2024 is pending before respondent No.2, then the
same shall be decided, within time period fixed by this
Court.

7.      I have perused the record of the petition. It appears
from the record that the Change Report No.70 of 2024
dated 19.03.2024 filed by the petitioner is not decided till
today and is pending before respondent No.2 since long.

8.      In view of the above, the respondent No.2 is hereby
directed to decide the Change Report No.70 of 2024
dated 19.03.2024 filed by the petitioner preferably within
period of three months from the date of receipt of copy of
present order, in accordance with law.


                            Page 2 of 3
     C/SCA/5701/2026                                                               JUDGMENT DATED: 06/05/2026




9.       With the above observations present petition stands
disposed of. Rule is made absolute to the aforesaid
extent. Direct service is permitted.

                                                                                                                      Sd/-
                                                                        (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 07/05/2026 17:23:07




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