Bombay High Court
Sanjay Parasmal Chordiya And ... vs Pramodrao Dhundirajpant ... on 6 June, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.5646 OF 2014
1) Sanjay Parasmal Chordiya,
Aged about 45 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
2) Sau. Rupma Sanjay Chordiya,
Aged about 48 years,
Occupation - Household,
R/o Wani, Tq. Wani, District Yavatmal.
3) Sau. Seema Vijaykumar Chordiya,
Aged about 32 years,
Occupation - Household,
R/o Wani, Tq. Wani, District Yavatmal.
4) Vijay Parasmalji Chordiya,
Aged about 40 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
5) Parasmalji Premrajji Chordiya,
Aged about 70 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
6) Sau. Shantadevi Parasmal Chordiya,
Aged about 65 years,
Occupation - Household,
R/o Wani, Tq. Wani, District Yavatmal.
7) Jayesh Chandrakumarji Chordiya,
Aged about 27 years,
Occupation - Business,
R/o Warud, Tq. Risod, District Washim.
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8) Sumit Dhanrajji Chordiya,
Aged about 26 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
9) Sau. Sunita Prashant Mujaria,
Aged about 30 years,
Occupation - Household,
R/o Pandurna (K.), Tq. Pusad,
District Yavatmal.
10) Prashant Vitthalrao Mujaria,
Aged about 35 years,
Occupation - Service,
R/o Wani, Tq. Wani, District Yavatmal.
11) Neelamchandji Nemichandji Kochar,
Aged about 40 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
12) Sau. Pushpa Neelamchandji Kochar,
Aged about 35 years,
Occupation - Household,
R/o Wani, Tq. Wani, District Yavatmal.
13) Dhananjay Madhukar Pawar,
Aged about 35 years,
Occupation - Agriculturist,
R/o Wani, Tq. Wani, District Yavatmal. .... PETITIONERS
VERSUS
1) Pramodrao Dhundirajpant Deshmukh,
Aged about 60 years,
Occupation - Agriculturist,
R/o Wani, Tq. Wani, District Yavatmal.
2) Sardarkhan Faijullakhan Pathan,
Aged about 62 years,
Occupation - Business,
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R/o Wani, Tq. Wani, District Yavatmal.
3) Ashok Champatrao Wankar,
Aged about 60 years,
Occupation - Retired,
R/o Wani, Tq. Wani, District Yavatmal.
4) Rupram Krushnarao Pande,
Aged about 55 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
5) Parashram Maroti Wasade,
Aged about 45 years,
Occupation - Agriculturist,
R/o Wani, Tq. Wani, District Yavatmal.
6) Panmal Chandumal Zabak,
Aged about 65 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
7) Sunil Vitthalrao Thakurwar,
Aged about 47 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
8) Purushottam Gopalrao Kitkule, |
Aged about 72 years, |- (Deleted as per
Occupation - Business, | Court's order dt.
R/o Wani, Tq. Wani, District Yavatmal. | 23-3-2016).
9) Riyazkhan Sardarkhan Pathan,
Aged about 37 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
10) Dipak Rupramji Pande,
Aged about 40 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
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11) Harihar Govindrao Pathradkar,
Aged about 55 years,
Occupation - Business,
R/o Wani, Tq. Wani, District Yavatmal.
12) Ambar Ashok Vankar,
Aged about 30 years,
Occupation - Medical,
R/o Wani, Tq. Wani, District Yavatmal.
13) Assistant Charity Commissioner,
Yavatmal. ....
______________________________________________________________
RESPONDENTS
Shri P.S. Gawai, Advocate h/f Shri R.L. Khapre, Advocate for the
petitioners,
Shri Apurv De, Advocate for the respondent Nos.1 to 7 and 9 to 12,
Shri H.R. Dhumale, A.G.P. for the respondent No.13.
_____________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 6
JUNE, 2016.
th
ORAL JUDGMENT :
1. Heard Shri P.S. Gawai, Advocate holding for Shri
R.L. Khapre, Advocate for the petitioners, Shri Apurv De, Advocate for
the respondent Nos.1 to 7 and 9 to 12 and Shri H.R. Dhumale,
Assistant Government Pleader for the respondent No.13.
The respondent No.8 is deleted.
2. Rule. Rule made returnable forthwith.
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3. Shri Purushottam Kitkule, trustee of Samarth Seva
Shikshan Sanstha, Wani filed change report informing that in the
meeting held on 30-04-2013 new trustees are elected. In this change
report, it was shown that the petitioner No.13 is also elected as trustee.
Shri Purushottam Kitkule subsequently filed pursis seeking permission
to withdraw the change report. At this stage, the petitioner No.13 filed
an application under Section 73A of the Maharashtra Public Trusts Act,
1950 praying that he be permitted to prosecute the change report. The
respondent Nos.1 to 12 opposed the application filed by the petitioner
No.13 on the ground that the petitioner No.13 cannot be said to be
"person having interest in the public trust". The Assistant Charity
Commissioner has rejected the application filed by the petitioner No.13
by the impugned order.
4. Shri P.S. Gawai, Advocate for the petitioners has pointed
out the copy of resolution alleged to have been passed in the meeting
held on 25-03-2012, copy of notice of meeting scheduled for
10-04-2013 and copy of resolution alleged to have been passed in the
meeting on 30-04-2013 and has submitted that the petitioner No.13 is
a life member of public Trust and therefore, he is person having
interest in the trust and is entitled to prosecute the change report.
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5. Shri Apurv De, Advocate for the respondent Nos.1 to 7
and 9 to 12 has submitted that the documents referred by the Advocate
of the petitioners were not placed before the Assistant Charity
Commissioner. It is further submitted that the petitioner Nos.1 to 12
have no locus to entertain the petition as they have not approached the
Assistant Charity Commissioner with the request to permit them to
prosecute the change report. It is further submitted that Shri
Purushottam Kitkule, in the reply filed before the Assistant Charity
Commissioner, stated that his signature was obtained by misleading
him and giving him an impression that the document was in respect of
opening of new school. It is submitted that the impugned order is
proper and does not require any interference.
6. It is undisputed that in the change report filed by Shri
Purushottam Kitkule, the petitioner No.13 is shown as elected trustee.
Considering the facts of the case, in my view, it was obligatory on the
part of the Assistant Charity Commissioner to issue notices to all the
persons whose names are shown in the change report before passing
any orders on the pursis (Exhibit No.7) filed by Shri Purushottam
Kitkule. The matter relates to the election of body a public Trust and it
cannot be said to be a personal dispute of Shri Purushottam Kitkule.
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The Assistant Charity Commissioner has committed an error by
overlooking these aspects.
7. Hence, the following order :
i) The impugned order is set aside.
ii) The matter is remitted to the Assistant Charity
Commissioner, Yavatmal for decision.
iii) The Assistant Charity Commissioner, Yavatmal shall issue
notices to all the persons whose names are shown in the
change report filed by Shri Purushottam Kitkule. The
Assistant Charity Commissioner shall pass appropriate
orders on the change report after granting hearing to the
concerned that is those to whom notices will be issued by
him.
iv) The petitioner and the respondent Nos.1 to 7 and 9 to 12
shall appear before the Assistant Charity Commissioner,
Yavatmal on 15-07-2016 at 11-00 a.m. and abide by the
further orders in the matter.
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v) Rule is made absolute in the above terms. In the
circumstances, the parties to bear their own costs.
JUDGE
pma
