Shri. Yashwant S/O Jageshwar ... vs Assistant Charity Commissioner, ...
2016 Latest Caselaw 4257 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      




                                                
                               NAGPUR BENCH, NAGPUR.


     WRIT PETITION NO.6625 OF 2014




                                               
     Shri Yashwant s/o Jageshwar Shrungarpawar, 
     Aged 80 years, Occupation - Cultivator, 
     R/o Near Hanuman Mandir, Adyal, 




                                       
     Tahsil - Pauni, District - Bhandara.                ....       PETITIONER

               
                             
                         VERSUS

     1) Assistant Charity Commissioner, 
                            
         Bhandara. 

     2) Shri Gunvant s/o Purushottam
         Shrungarpawar, Aged about 73 years, 
         Occupation - Cultivator, 
      


         R/o Near Munna Hall, Adyal, 
   



         Tahsil - Pauni, District - Bhandara.

     3) Shri Prakash s/o Dattatraya Bhupal,
         Aged about 53 years, 





         Occupation - Service, 
         R/o Adyal Vidyalaya, Adyal.

     4) Shri Shridhar s/o Kisan Sukhdeve,
         Aged about 66 years, 
         Occupation - Not known,





         R/o Plot No.119, Shri Sai Villa 
         Satanami Nagar, Old Bhandara Road,
         Nagpur - 8.                                     ....       RESPONDENTS

     ______________________________________________________________
              Shri N.D. Khamborkar, Advocate for the petitioner,
               Mrs. H.N. Prabhu, A.G.P. for the respondent No.1,
              Shri A.P. Thakre, Advocate for the respondent No.4,
                     None for the respondent Nos.2 and 3.
     ______________________________________________________________



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                                   CORAM : Z.A. HAQ, J.

DATED : 28 JULY, 2016.

th

ORAL JUDGMENT :

Heard Shri N.D. Khamborkar, Advocate for the petitioner,

Mrs. H.N. Prabhu, Assistant Government Pleader for the respondent

No.1 and Shri A.P. Thakre, Advocate for the respondent No.4.

None appears for the other respondents though notices of

final disposal are served.

2. Rule. Rule made returnable forthwith.

3. The petitioner filed application under Section 41B of the

Maharashtra Public Trusts Act, 1950 (hereinafter referred to as "the

Act of 1950") on which the impugned order is passed directing the

recorded trustees to submit the change reports and the audit reports, if

any, within two months from the date of the order. The grievance of

the petitioner is that the learned Assistant Charity Commissioner

should have sent the copy of the report/order to the Charity

Commissioner/Joint Charity Commissioner so that the Charity

Commissioner/Joint Charity Commissioner could have taken

appropriate steps against the recorded trustees. The submission is

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made on the basis of sub-section (7) and sub-section (8) of Section

41B of the Act of 1950. The learned Advocate for the petitioner has

argued that the non-compliance of sub-section (7) and sub-section (8)

of Section 41B of the Act of 1950 by the learned Assistant Charity

Commissioner and directing the recorded trustees to submit the

change reports and audit reports within two months has the effect of

granting them an opportunity to fill up the lacuna and wriggle out of

the effect of sub-section (7) and sub-section (8) of Section 41B of the

Act of 1950. The submission made on behalf of the petitioner cannot

be accepted as I do not find that the Assistant Charity Commissioner

has failed to comply with any mandate of sub-section (7) of Section

41B of the Act of 1950. The petitioner can initiate appropriate

proceedings relying on the impugned order, if he has any grievance in

the matter.

4. The petition is dismissed. In the circumstances, the parties

to bear their own costs.

                                                                               JUDGE

    adgokar





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                                               CERTIFICATE




                                                               

I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : P.M. Adgokar. Uploaded on : 01-08-2016.

P.A. to Hon'ble Judge.