SHRI SAURASHTRA LUHAR GNATI VIDHYOTEJAK MANDAL BHAVNAGAR THROUGH TRUSTEE BHAVESH SAVJIBHAI DODIYA vs JOINT CHARITY COMMISSIONER Advocate - APP — 109/2025
Case under Gujarat (Bombay) Public Trusts Act, 1950 Section 72. Disposed: Contested--REJECTED on 18th April 2026.
CMA DC - CIVIL MISC. APPLICATION - DISTRICT COURT
CNR: GJBN010044772025
Filing Number
109/2025
Filing Date
14-Oct-2025
Registration No
109/2025
Registration Date
14-Oct-2025
Court
DISTICT AND SESSIONS COURT, BHAVNAGAR
Judge
1-Principal District Judge
Decision Date
18-Apr-2026
Nature of Disposal
Contested--REJECTED
Last updated 31-May-2026
Acts & Sections
Petitioner(s)
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1.SHRI SAURASHTRA LUHAR GNATI VIDHYOTEJAK MANDAL BHAVNAGAR THROUGH TRUSTEE BHAVESH SAVJIBHAI DODIYA
Adv. A K VADHER
Respondent(s)
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1.JOINT CHARITY COMMISSIONER Advocate - APP (Assistant Public Prosecutor)
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2.CHARITY COMMISSIONER OF GUJARAT STATE
Adv. APP
Case History
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Case disposedDisposed
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18-Apr-2026
JudegementView PDF
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18-Apr-2026
JudegementView PDF
Case Summary: MCA 109/2025 Decision: The Principal District Judge dismissed the Trust's application and upheld the Charity Commissioner's orders, holding that a civil court cannot allow parties to settle disputes involving public trust property without the Charity Commissioner as a party. Key Facts: A trust received two plots via gift deed (2012) to construct a girls' school within three years. When construction was not completed, the donor's heirs sued. The parties reached a compromise settlement (without the Trust's lawyer present or the Charity Commissioner notified) returning one plot to the heirs. The Trust later sought to delete this plot from its Property Trust Record, but Charity officials refused, finding the civil settlement violated public trust law. Reasoning: The court held that trusts cannot enter into consent decrees affecting trust property without Charity Commissioner involvement, as this breaches statutory duties under the Gujarat Public Trust Act. The judge rejected the Trust's arguments and affirmed the lower authorities' positions that the underlying civil decree was improperly obtained. This case analysis is maintained by casestatus.in based on publicly available court records.
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18-Apr-2026
Disposed
Principal District Judge
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02-Apr-2026
Order
Principal District Judge
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30-Mar-2026
Hearing
Principal District Judge
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13-Mar-2026
Hearing
Principal District Judge
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10-Feb-2026
Hearing
Principal District Judge
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12-Jan-2026
Reply
Principal District Judge
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24-Dec-2025
Reply
Principal District Judge
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17-Nov-2025
Notice To Opponents
Principal District Judge
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14-Oct-2025
First hearing
Initial hearing scheduled
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14-Oct-2025
Case filed
Registration No. 109/2025
Case Summary: MCA 109/2025 Decision: The Principal District Judge dismissed the Trust's application and upheld the Charity Commissioner's orders, holding that a civil court cannot allow parties to settle disputes involving public trust property without the Charity Commissioner as a party. Key Facts: A trust received two plots via gift deed (2012) to construct a girls' school within three years. When construction was not completed, the donor's heirs sued. The parties reached a compromise settlement (without the Trust's lawyer present or the Charity Commissioner notified) returning one plot to the heirs. The Trust later sought to delete this plot from its Property Trust Record, but Charity officials refused, finding the civil settlement violated public trust law. Reasoning: The court held that trusts cannot enter into consent decrees affecting trust property without Charity Commissioner involvement, as this breaches statutory duties under the Gujarat Public Trust Act. The judge rejected the Trust's arguments and affirmed the lower authorities' positions that the underlying civil decree was improperly obtained. This case analysis is maintained by casestatus.in based on publicly available court records.
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