Gujarat High Court
Shri Vallabhiy Jankalyan Trust Through … vs Joint Charity Commissioner, Rajkot on 9 February, 2026
NEUTRAL CITATION
C/SCA/16956/2024 ORDER DATED: 09/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16956 of 2024
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SHRI VALLABHIY JANKALYAN TRUST THROUGH TRUSTEE
BHARATKUMAR HARIBHAI DADHANIYA & ORS.
Versus
JOINT CHARITY COMMISSIONER, RAJKOT & ORS.
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Appearance:
DR. M. M. DADHANIA(13285) for the Petitioner(s) No.
1,10,11,12,2,3,4,5,6,7,8,9
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1
MR HARSHADRAY A DAVE(3461) for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/02/2026
ORAL ORDER
1. By the present writ petition, the petitioner is praying for a
direction to quash and set aside the order dated 02.09.2024 passed
by the Joint Charity Commissioner, Rajkot at Exh.32 in
Application No.41/A/1/2024 of the Bombay Public Trust Act,
1950 (for short “the Act”).
2. Learned counsel for the petitioners has submitted that the
respondent nos.2 to 4 moved an application under Section 41A of
the Act seeking a direction against the petitioners not to restrain
the applicants as well as the people of Vaishnav community from
entering upon the property of the Trust and keeping its doors open
to allowing them to use the facilities. He submits that the
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NEUTRAL CITATION
C/SCA/16956/2024 ORDER DATED: 09/02/2026
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petitioner herein contested the said application and submitted that
the prayers prayed for by the respondent nos.2 to 4 were not part
of the objectives incorporated in the original Trust deed and the
prayers cannot be granted since there is no religious temple called
‘haveli’ for the Vaishnav devotees to be made available to them
within the Trust premises. He submits that the learned Charity
Commissioner also did not consider the fact that the said
respondent nos.2 to 4 have not produced any evidence in support
of their claim and have only made allegations against the Trustees.
He submits that the learned Charity Commissioner has also
exceeded his jurisdiction by issuing directions beyond the prayers
prayed for. It is submitted that by the said prayers, the respondent
nos.2 to 4 are claiming the possession of the entire Trust property
for their own use. He submits that such directions could not have
been passed under Section 41A of the Act and such rights can be
claimed only under Section 50 of the said Act or by instituting
civil proceedings in law. He further submits that the Trust deed
and the objectives mentioned therein are being scrupulously
followed. The learned Charity Commissioner could have only
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C/SCA/16956/2024 ORDER DATED: 09/02/2026
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directed the petitioners to act in accordance with the objectives of
the Trust. He submits that the directions so given by the impugned
order are de hors the objectives of the Trust and cannot be
implemented in furtherance of the objectives of the Trust. He,
therefore, submits that the impugned order be quashed and set
aside.
3. Per contra, learned counsel Mr.Harshadray Dave appearing
on behalf of respondent nos.2 to 4 submits that the petitioner no.2
is a former trustee of the petitioner-Trust. He was a trustee for
around 11 years and has given huge donations to the Trust in
furtherance of its objectives. He submits that by the application
under Section 41 of the Act, a direction was sought against the
present trustees to act as per the scheme of the Trust. He submits
that the petitioners are illegally stopping the beneficiaries of the
Trust from entering into its premises and enjoying the fruits
thereof. He submits that it was never the case of the respondent
nos.2 to 4 that there was a religious temple in the premises of the
Trust, but the present trustees are preventing the beneficiaries
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C/SCA/16956/2024 ORDER DATED: 09/02/2026
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from performing their religious celebrations in the Trust premises.
He submits that the directions so passed are just and proper as it
directs the trustees to make available the premises of the Trust to
the beneficiaries. He submits that directions so passed are in
accordance with the Trust deed.
4. Heard learned counsel for the parties. Considered the
submissions and perused the documents.
5. By the impugned order, the respondent no.1-Joint Charity
Commissioner has adjudicated the application under Section 41A
of the Act preferred by the respondent nos.2 to 4. It has been held
that the respondent nos.2 to 4 are the beneficiaries of the Trust.
The respondent no.2 was a trustee for about 11 years. The prayer
of the respondent nos.2 to 4 was to allow entry and use to the
premises of the Trust for all the ‘Vaishnavjans’, who are the
beneficiaries of the Trust. It has been recorded that the petitioners
have accepted that the respondent nos.2 to 4 are the beneficiaries
of the Trust. After taking into consideration the various factors in
respect of operation of the premises and the objectives of the Trust
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deed, the learned Charity Commissioner has come to the
conclusion that the prayers prayed for by respondent nos.2 to 4 are
to be granted. Accordingly, by the impugned order, it was directed
to the petitioners that they shall not stop the ‘Vaishnavjan’ from
entering and enjoying the Trust premises for religious purposes. It
was further directed that the Trust shall not lock the doors of the
premises on any of the beneficiaries and it shall allow free entry of
the beneficiaries in the Trust premises.
6. A perusal of the Trust deed shows that the Trust has been
established for the public, religious as well as social purposes as
per the objectives of the Trust. Some of the objects is to take care
of milch animals, water conservation, to provide medical aid,
operate boarding house for students, use the premises for
religious, educational and social peace, to conduct activities for
protection of humanity and further to provide food and shelter to
the needy persons. The prayer sought for by the respondent nos.2
to 4 in the application under Section 41A of the Act was to permit
the respondent nos.2 to 4 and the other “Vaishnav jan” people
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C/SCA/16956/2024 ORDER DATED: 09/02/2026
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from using the premises and to keep the doors open for the
enjoyment of the beneficiaries in furtherance of the objectives of
the Trust. The impugned order has been made in furtherance of the
interest of the Trust and its objectives. The directions as given by
the respondent no.1-Joint Charity Commissioner are general in
nature removing the restrictions imposed by the petitioners. The
said directions cannot be said to be in contravention of the Trust
deed since the Trust works for its beneficiaries. No infirmity can
be attached to the impugned directions passed by the respondent
no.1. The present petition is devoid of merits and is accordingly
dismissed. No order as to costs.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
ABHISHEK/161
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