Bombay High Court
Shrimati Pushpa Shanker Dandge ... vs Kailash Rangnathrao Bhutekar on 8 December, 2016
Bench: P.R. Bora
1 911 fa 3630.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 3630 OF 2016
1. Smt. Pushpa Shanker Dandge,
Age: 39 years, Occ. Household,
R/o Vidaynagar, Shikshak Colony,
Bhokardan, Tq. Bhokardan,
Dist. Jalna.
2. Nandu Danynba Wankhede,
Age: 46 years, Occ. Service,
R/o Branjala (lo.),
Bhokardan, Tq. Bhokardan,
Dist. Jalna.
3. Pratik Kaduba Raut,
Age: Minor, Occ. Shikshan,
R/o Vidaynagar, Shikshak Colony,
Bhokardan, Tq. Bhokardan,
Dist. Jalna.
4. Pratidnya Kaduba Raut,
Age: Minor, Occ. Shikshan,
R/o Vidaynagar, Shikshak Colony,
Bhokardan, Tq. Bhokardan,
Dist. Jalna.
5. Bhimrao Yamaji Raut,
Age: 60 years, Occ. Agri.,,
R/o Vidaynagar, Shikshak Colony,
Bhokardan, Tq. Bhokardan,
Dist. Jalna. ... Appellants
Vs.
Kailash s/o Rangnathrao Bhutekar,
Age 46 years, Occ. Service,
R/o Baranjala, Tq. Bhokardan,
Dist. Jalna. ... Respondent
----
Mr. Arun S. Lomte, Advocate for the Appellants.
Mr. W.S. Jadhav, Advocate for the respondent.
----
::: Uploaded on - 13/12/2016 ::: Downloaded on - 14/12/2016 00:25:31 :::
2 911 fa 3630.16.odt
CORAM : P.R. BORA, J.
DATE : 08-12-2016.
ORAL JUDGMENT :
1. The present appeal is filed against the order dated
28.03.2016 passed by the Ad-hoc District Judge-3, Jalna in
Miscellaneous Civil Application No. 119 of 2015, whereby, the
learned District Judge has confirmed the order passed by the Joint
Charity Commissioner on 18.06.2015 in Appeal no. 31 of 2012.
2. The learned
ig Joint Charity Commissioner vide the
aforesaid order had remanded the matter back to the Assistant
Charity Commissioner to consider, hear and decide the change
report no. 759 of 2010 afresh. The learned counsel for the appellant
submitted that, though, the appellant has challenged the order
passed by the learned District Judge and the Joint Charity
Commissioner on several grounds, he is now pressing only one
ground that the order of remand passed by the Joint Charity
Commissioner and confirmed by the learned District Judge has now
become infructuous, in view of the fact that, the body which has
come in power in 2009 and in respect of which the subject change
report was submitted has completed its tenure of five years and,
thereafter, a new body has come in power and is presently
functioning. The learned counsel placing his reliance on the
judgment of this court (Coram: S.C. Pratap, J.) in the case of Jagat
Narayan Singh Swarupsingh Chithere and Ors. V/s.
Swarupsingh Education Society and Anr. reported in 1980
::: Uploaded on - 13/12/2016 ::: Downloaded on - 14/12/2016 00:25:31 :::
3 911 fa 3630.16.odt
Mh.L.J. 372 submitted that, the remand order has now become
infructuous and the issues now remain only for academic
discussion. The learned counsel has, therefore, prayed for setting
aside both the aforesaid orders.
3. Shri W.S. Jadhav, the learned counsel appearing for the
respondent submits that, the present respondent had objected the
change report on the ground that a minor boy was taken as a
trustee on the board of trustees and the said objection was not duly
considered by the Assistant Charity Commissioner. The learned
counsel further submits that, in the new body also the same minor
has again been taken as a trustee and the challenge, therefore, still
subsists. The learned counsel, therefore, submitted that the matter
needs to be heard and decided so far as the nomination of a minor
on the board of trust is concerned.
4. Though, there is substance in the argument made by
the learned counsel appearing for the respondents, in view of the
fact that, the new change report which has been filed after the new
body has come into being in the year 2014, has also been
challenged by the present respondent, it would be open for the
respondents to make all submissions as about admitting the minor
as a trustee, before Assistant Charity Commissioner in the said
change report, and said objection can be conveniently considered
and decided by the Assistant Charity Commissioner. However, in
::: Uploaded on - 13/12/2016 ::: Downloaded on - 14/12/2016 00:25:32 :::
4 911 fa 3630.16.odt
view of the judgment of this court cited supra there appears no
propriety in keeping the present matter pending or to maintain the
order of remand as has been passed by the Joint Charity
Commissioner and confirmed by the learned District Judge. I am
therefore inclined to pass the following order:
ORDER
i) The order passed by the learned District Judge in
Misc. Civil Application No. 119 of 2015 on
28.03.2016 and order passed by the Joint Charity
Commissioner in Appeal no. 31 of 2012 on
18.06.2015 stand quashed and set aside.
ii) It is clarified that, the legal issues raised by the
parties are kept open to be agitated in the change
report pending for consideration before the
Assistant the Charity Commissioner.
iii) The appeal stands disposed of in the aforesaid
terms, however, without any order as to the costs.
(P.R. BORA)
JUDGE
mub
