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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 863 of 2017
Appellants : 1) Shri Sachin s/o Diwakar Todkar,
Aged about 43 years, Occ. Business,
R/o Vivekanand Colony, Petrol Pump,
Jawahar Nagar, Taluka and District
Bhandara.
2) Sau. Ranjana w/o Sachin Todkar,
Aged about 40 years, Occ. Agriculturist,
R/o Vivekanand Colony, Petrol Pump,
Jawahar Nagar, Taluka and District
Bhandara.
3) Sau. Surekha w/o Ashok Vande,
Aged about 43 years, Occ. Household,
R/o Flat No. 101, Harekrushna Apartment,
Plot No. 11, Dattaatraya Nagar, Behind
Chhota Taj Bagh, Nagpur.
4) Shri Yashwant s/o Arunrao Dhawangale,
Aged about 20 Years, Student, R/o
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Telgaon, Kamptee, Tah. Kalmeshwar,
District- Nagpur.
versus
Respondents : 1) Shri Nitin s/o Diwakar Todkar,
Aged about 44 years, Occ: Service,
R/o Gowardhan Nagar, Tumsar,
Tah. Tumsar, District-Bhandara.
2) Smt. Indubai Gajananrao Rambhad,
Aged Major, Occ: Household, R/o Tilak
Ward, Main Road, Bhandara, District-
Bhandara..... Dead
3) Sau. Asha Hemraj Khot,
Aged about 50 Years, Occu: Household,
R/o Main Road, Bhandara,
District-Bhandara.
4) Sau. Mangala Vilasrao Jodh,
Aged about 56 years, Occ. Household,
R/o Vijayanand Society, Narendra Nagar,
Nagpur.
5) Smt. Sumitra Madhavrao Dalal,
Aged Major, Occ. Household, R/o Tilak
Ward, Bhandara, District-Bhandara.
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6) Ku. Rohini Madhukarrao Shukla,
Aged about 43 years, Occ. Household,
R/o Main Road, Bhandara,
Tq. & District Bhandara.
7) Smt. Shakuntala Ramchandra Dharmik,
Aged about 55 years, Occ. Household,
R/o Main Road, Bhandara, Tq. and
District Bhandara.
8) Smt. Lalita Anil Rambhad,
Aged about 50 years, Occu. Household,
R/o Tilak Ward, Bhandara,
District Bhandara.
9) Shri Pramod s/o Tejram Gabhane,
aged about 44 years, Occu. Business,
R/o Ganeshpur, Bhandara,
District Bhandara.
10) Shri Jaykesh Maharaj Singh Yadav,
Aged about 38 years, Occu. Business,
R/o Akre Complex, Near Navkar Diesel
Petrol pump, Bhandara, Tah. and District
Bhandara.
11) Assistant Charity Commissioner,
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Bhandara, Office at Near Punjab National
Bank, Jail Road, Bhandara,
Tah. and District Bhandara.
Shri A. Z. Jibhkate, Advocate for appellant
Shri Prashant Gode, Advocate for respondents no. 3, 5 to 8
Shri V. N. Patre, Advocate for respondents 1, 4 and 10
Shri A. M. Kadukar, Asst. Govt. Pleader for respondent no. 11
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First Appeal No. 864 of 2017 Appellants : 1) Shri Pramod s/o Tejram Gabhane, Aged about 44 years, Occu: Business, R/o Ganeshpur, Bhandara, Tah. & Dist.Bhandara.
2) Shri Jaykesh Maharaj Singh Yadav, aged about 38 years, Occu: Business, R/o Akre Complex, Near Navkar Diesel Petrol Pump, Bhandara Tah. and Distt. Bhandara.
versus Respondents : 1) Shri Nitin s/o Diwakar Todkar, Aged about 44 years, Occu: Service, R/o ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 5 Gowardhan Nagar, Tumsar, Tah. Tumsar, Dist. Bhandara.
2) Smt. Indubai Gajananrao Rambhad, Aged Major, Occu: Household, R/o Tilak Ward, Main Road, Bhandara, Tah. & Dist. Bhandara..... Dead
3) Sau. Asha Hemraj Khot, Aged about 50 years, Occu: Household, R/o Main Road, Bhandara, Tah. & Distt.
Bhandara.
4) Sau. Mangala Vilasrao Jodh, Aged about 56 years, Occu: Household, R/o Vijayanand Society, Narendra Nagar, Nagpur.
5) Smt. Sumitra Madhavrao Dalal, Aged Major, Occu: Household, R/o Tilak Ward, Bhandara, Tah. & Dist. Bhandara.
6) Ku. Rohini Madhukarrao Shukla, Aged about 43 years, Occu: Household, R/o Main Road, Bhandara, Tah. & Dist. Bhandara.
7) Smt. Shakuntala Ramchandra Dharmik, ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 6 Aged about 55 years, Occu: Household, R/o Main Road, Bhandara, Tah. & Dist. Bhandara.
8) Smt. Lalita Anil Rambhad, Aged about 50 years, Occu: Household, R/o Tilak Ward, Bhandara, Tah. &Dist. Bhandara.
9) Shri Sachin s/o Diwakar Todkar, Aged about 43 years, Occu: Business, R/o Vivekanand Colony, Petrol Pump, Jawahar Nagar, Tah. & Dist. Bhandara.
10) Sau. Ranjana w/o Sachin Todkar, Aged about 40 years, Occu: Agriculturist, R/o Vivekanand Colony, Petrol Pump, Jawahar Nagar, Tah. & Dist. Bhandara.
11) Sau.Surekha w/o Ashok Vande, Aged about 43 years, Occu: Household, R/o Flat No. 101, Harekrushna Apartment, Plot No. 11, Dattatraya Nagar, Behind Chhota Taj Bagh, Nagpur.
12) Shri Yashwant s/o Arunrao Dhawangale, Aged about 20 years, Occu:Student, R/o ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 7 Talegaon, Kamptee, Tah. Kalmeshwar, Distt. Nagpur.
13) Assistant Charity Commissioner, Bhandara, Office at Near Punjab National Bank, Jail Road, Bhandara, Tah & Dist. Bhandara.
Shri R. L. Khapre, Advocate for appellant Shri Prashant Gode, Advocate for respondents no. 3, 5 to 7 Respondent no. 2 dead Shri A. M. Kadukar, Asst. Govt. Pleader for respondent no. 13
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Coram : S. B. Shukre, J Dated : 14th September 2017 Oral Judgment
1. Heard. Admit. Heard finally by consent.
2. These appeals question legality and correctness of the common order passed by the District Judge-2, Bhandara on 11.1.2016 in the MJCs No. 48 of 2015 and 56 of 2015 preferred against the order dated 30.4.2015 passed by the Assistant Charity Commissioner, Bhandara in the proceedings initiated under Section 72 of the Maharashtra Public ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 8 Trusts Act, 1950.
3. One of the grounds which, in fact, appears to be the main ground on which learned District Judge has passed the impugned order is that the non-applicants were not given sufficient opportunity to contest the scheme application filed under Section 50A (1) of the Maharashtra Public Trusts Act, 1950 (for short, the "Act of 1950" for brevity) which was allowed by the Assistant Charity Commissioner, Bhandara vide order dated 30th April 2015. In other words, the order dated 30 th April 2015 passed by the Assistant Charity Commissioner has been quashed and set aside by the District Judge on procedural ground. On this aspect of the matter, learned counsel for the parties submit that it would be sufficient if the matter is remanded to the Assistant Charity Commissioner for a decision afresh on the scheme application under Section 50A (1) of the Act of 1950 after giving reasonable opportunity of hearing to both sides and accompanied by a direction for expeditious disposal of the scheme application as well as two change report enquiries, one of 2009 and the other of the year 2010, respectively bearing Nos. 763 of 2009 and 214 of 2010.
4. In view of the above, I am of the opinion that it would be in the interest of the Trust that all the persons interested in the affairs of the Trust are given sufficient opportunity of hearing before any order is ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 9 passed on the scheme application filed under Section 50A (1) of the Act of 1950 and accordingly, I am inclined to allow these appeals by quashing and setting aside the impugned order passed by the District Judge as well as the Assistant Charity Commissioner. However, some interim arrangement for managing the affairs of the Trust would also have to be made till the appropriate decisions are taken by the Assistant Charity Commissioner on the scheme application as well as the change report enquiries. In this regard, there is, however, disagreement between learned counsel for the parties. But considering the fact that there has been an interim relief granted by this Court on 3 rd August 2016 which was to some extent modified by the Court on 7 th December 2016, I find it appropriate to continue the interim relief dated 3 rd August 2016, modified on 7th December 2016 till final disposal of the scheme application and the change report enquiries by learned Assistant Charity Commissioner in accordance with law subject, of course, to a few more conditions suggested by learned counsel for the respondents which I find to be reasonable inasmuch as learned counsel for the appellants has graciously expressed his agreement to the same.
5. In the result, appeals are allowed and order dated 11 th January 2016 passed by the District Judge-2, Bhandara in MJCs No. 48 of 2015 and 56 of 2015 as well as order dated 30 th April 2015 passed by the ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 10 Assistant Charity Commissioner, Bhandara in Application No. 1 of 2015 are hereby quashed and set aside. The scheme application (Application No. 1 of 2015) is remitted back to the Assistant Charity Commissioner for decision afresh in accordance with law after giving reasonable opportunity of hearing to both sides. Application no. 1 of 2015 as well as Change Report Enquiries No. 763 of 2009 and 214 of 2010 shall be expeditiously disposed of by the Assistant Charity Commissioner in accordance with law, preferably within four months from the date of appearance of the parties before him. Parties shall appear before the Assistant Charity Commissioner on 27.9.2017. Respondents Nitin Todkar, Saut Mangala Vilasrao Jodh, Smt Lalita Anil Rambhad, Sachin Diwakar Todkar, Sau Ranjana Sachin Todkar, Sau Surekha Ashok Vande and Yashwant Arunrao Dhawangale who are absent before this Court, though duly served, shall be duly noticed by the Assistant Charity Commissioner. Interim orders dated 3 rd August 2016 and 7th December 2016 shall continue till final disposal of the scheme application and change report enquiries subject to the additional conditions that statements of accounts showing receipts and expenditure of the Trust and all the Institutions run by it, shall be filed every month before the Assistant Charity Commissioner; that no policy decisions shall be taken including decisions regarding transfers and appointments of employees and that except for the expenditure on account of salary, all other ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 ::: 11 expenditure and withdrawals shall be with the prior approval of the Assistant Charity Commissioner, till final disposal of the cases relating to scheme application and change report enquiries. Smt Asha Hemraj Khot being a recorded Trustee and part of the Scheme, shall have liberty to examine accounts and other documents of the Trust and the Institutions run by it. Parties shall cooperate with the Assistant Charity Commissioner in expeditious disposal of all the proceedings. Parties shall not be granted adjournment except when it is necessary for the reasons beyond control of the concerned parties. Parties to bear their own costs.
S. B. SHUKRE, J joshi ::: Uploaded on - 15/09/2017 ::: Downloaded on - 17/09/2017 02:33:15 :::