JAGDISHBHAI PETHALJIBHAI CHAVDA Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) HEARD learned Counsels appearing for the respective parties.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India read with provisions of Section 50(A)(3) of the Bombay Public Trusts Act, 1950 (hereinafter referred to in short as 'the Act') is filed against the order dated 21.11.2011 passed by the Incharge, Joint Charity Commissioner, Saurashtra and Kutch Region, Rajkot by which sanction accorded for amalgamation of two Trusts vide order dated 10.05.2011 is cancelled and in the interest of the Trusts, order is passed to restore individual identity of both the Trusts as existing prior to amalgamation.

(3.) IN the facts of this case, the application was moved by the petitioners to declare the order dated 07.07.2011 passed below Application No.3 of 2011 namely the application preferred for amendment of the Scheme and while considering the above application, even the earlier order dated 10.05.2011 passed in Application No.1/2010 of amalgamation / consolidation / merger of the Trusts is cancelled for which no hearing is given. It is submitted that therefore, the order impugned in this petition deserves to be quashed and set aside. It is also submitted that in a case where the order passed is by the quasi judicial authority or even the executive administrative authority in breach of principles of nature justice, invocation of writ jurisdiction under Articles 226 and 227 of the Constitution of India is just and proper, even though an alternative and efficacious remedy is available under the statute.