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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.4355-4356 OF 2017 [@ SPECIAL LEAVE PETITION (C) NOS.28982-28983/2016]

RAVAL MANHARBHAI KALIDAS AND ORS. APPELLANT(S)

                               VERSUS

BHASKARBHAI CHANDUBHAI PATEL AND ORS.    RESPONDENT(S)

WITH CIVIL APPEAL NOS.4357-4358 OF 2017

[@ SPECIAL LEAVE PETITION (C) NOS.31219-31220/2016] J U D G M E N T

KURIAN, J.

Leave granted. 2. The  main  objection  taken  by  the  appellants  is that while the High Court modified the Scheme, the affected parties were not heard; only the counsel who appeared for some of the parties in the High Court were  heard.   In  that  view  of  the  matter,  on 21.02.2017, this Court passed the following order:-

“Having  heard  Mr.  V.  Giri,  learned senior counsel, we find that a public notice

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under Order I Rule 8 CPC should have been issued  in  case  the  High  Court  wanted  to modify  the  scheme,  as  framed  by  the  Joint Charity Commissioner.  It is the submission of Mr. V. Giri, learned senior counsel, which is  vehemently  refuted  by  Mr.  Guru  Krishna Kumar,  learned  senior  counsel,  that  the orders  on  modification  of  the  scheme  have actually  been  passed  on  consent  of  the parties, who appeared before the High Court.

Be that as it may, having regard to the major changes effected by the High Court in the  scheme  formulated  by  Joint  Charity Commissioner,  we  are  of  the  view  that  a public notice should have been issued.   

However, we do not propose to send the matter back to the High Court.  We direct the petitioners  to  issue  a  public  notice,  at their expense, within three days from today, giving time of 10 days to the villagers to respond.   

Let  the  notice  be  published  in  two Gujarati newspapers viz. 'Gujarat Samachar' and 'Sandesh', which have wide circulation in Vasad village, District Anand, Gujarat.   

It  shall  be  made  clear  in  the  public notice that whoever wants to respond to the notice shall have to respond within 10 days from the date of publication of notice.   

Post  the  matters  on  21.03.2017  for further  orders,  as  first  item  for  final

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disposal.”   

3. Pursuant to the order and publication, none has appeared before this Court raising any objection.  We are  informed  that  some  objections  have  been  filed before the Charity Commissioner but nobody has filed any objections before this Court, where the matter is pending. 4. Even  otherwise  also,  we  are  not  inclined  to interfere with the judgment and order passed by the High Court. All those objections have been considered by the High Court and only in the better interests of the Trust, the modifications have been effected. The appeals are hence dismissed.  Interim stay granted by this Court, on 26.09.2016, is vacated. 5. In view of the pendency of these matters before this Court, in case any of the villagers intend to enroll themselves, they may do so as per the judgment of the High Court on or before 10.04.2017 and the elections will be held within four weeks thereafter, in terms of the judgment of the High Court.  Needless also to say that the interim arrangement made by the High Court will continue till the election process is completed.

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6. Pending  applications,  if  any,  shall  stand disposed of. 7. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; MARCH 21, 2017.

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