SUDHIR MANSUKHLAL MEHTA Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) Heard Mr. J.A.Adeshra, learned advocate for the petitioners; Mr.Hardik Mehta, learned Assistant Government Pleader for the respondent No.1-State and Mr. Aditya Parikh, learned advocate appearing for Mr.Mrugen K.Purohit, learned advocate for the respondent No.2.

(2.) By way of present petition, the petitioners have challenged the order dtd. 31/8/2021 passed by the Charity Commissioner, Gujarat State, Ahmedabad below an application preferred under Sec. 70A of the Bombay Public Trust Act, 1950 (For Short "The Act")

(3.) Before the matter could be heard on merit, learned advocate Mr. Aditya Parikh appearing for the respondent No.2 raised the preliminary objections about the maintainability of the present petition. According to learned advocate Mr. Parikh appearing for respondent No.2, against an order passed on an application under Sec. 70A of the Act, the proper remedy would be to approach the Civil Court by preferring an appropriate application for setting aside the aforesaid order if a person is aggrieved by the aforesaid order as contemplated under Sec. 72 of the Act.