Bombay High Court
Bal Mandir Sanstha Dharampeth, ... vs Deputy Charity Commissioner ... on 16 September, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2570 OF 2014
1] Bal Mandir Sanstha,
Dharampeth, Nagpur,
Bearing PTR No. F-155 (N)
Through its President
Smt. Shaila Fadnavis,
Resident of F-23, Tatyatope Nagar,
Nagpur-15.
2] Bal Mandir Sanstha, Dharampeth,
Nagpur, Bearing PTR No.F-155 (N)
Through its Sanchalika
Smt. Dr. Ranjana Pardhi,
R/o. Plot No. 106, Shankar Nagar,
Nagpur.
3] Sau. Jayashree Ashok Deshpande,
R/o. Mahalaxmi Apartment,
Trimurti Nagar, Nagpur.
4] Smt. Shaila Sharad Fadnavis,
R/o. F-23, Tatyatope Nagar,
Nagpur-15. PETITIONERS
...VERSUS...
1] Deputy Charity Commissioner,
Nagpur.
2] Sitabai wd/o Nankuprasad Gupta (dead)
R/o. C/o. T.N.Gupta, Himalaya
Paradise, G-3, GPO Square,
Nagpur.
3] Smt. Shantabai Kothekar,
R/o. Flat No. 301, Padmasakha
Apartment, Plot No. 102, Near
Dagadi Park, Ramdaspeth, Nagpur.
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4] Smt. Sunanda Paranjape,
R/o. 108, Khare Town,
Dharampeth, Nagpur.
5] Smt. Shaila Deshpande,
R/o. Plot No. 54, Central Excise Colony,
Telecom Nagar, Near Rana Pratap
Nagar, Nagpur.
6] Kalpana Banhatti,
R/o. 24-A, Asawari Apartment,
Opp. LAD College, Shivaji Nagar,
Nagpur.
7] Smt. Rajeshree Deshmukh,
R/o. 404, Universal Majestic,
New Sneh Nagar, Wardha Road,
Nagpur.
8] Vijayalaxmi Sharma,
R/o. 15, Conifer Gaikwad Nagar,
Aundh, Pune-411 007. RESPONDENTS
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Shri A.P.Thakare, counsel for Petitioners.
Shri N.S.Rao, AGP for Respondent No.1
Shri A.V.Khare, Advocate for Intervenors (L.Rs of R-2)
Shri Tejas Deshpande, counsel for R-5
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CORAM: R. K. DESHPANDE, J.
th
DATE : 16 SEPTEMBER, 2016 .
ORAL JUDGMENT
1] Rule made returnable forthwith.
Heard by consent of the learned counsels
appearing for the parties.
2] The challenge in this petition is to the order
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dated 02.09.2013 passed under Section 51 of the Bombay
Public Trust Act, 1950, on Application No. 1507 of 2010, by
the learned Deputy Charity Commissioner, Nagpur.
3] There is no dispute that the original applicant
Smt. Sitabai Nakuprasad Gupta died on 31.05.2013 and this
fact was not brought to the notice of the learned Deputy
Charity Commissioner, who passed an order impugned in
this petition. In view of this, the order impugned needs to be
quashed and set aside.
4] In the present petition, the respondent Nos. 9
to 14, who are claiming to be the legal heirs of Smt. Sitabai
Nankuprasad Gupta, the original applicant, were permitted to
be added as respondents and they wanted to prosecute the
Application No. 1507 of 2010, which can be permitted.
5] In the result, the writ petition is allowed. The
order dated 02.09.2013 passed by the learned Deputy
Charity Commissioner, Nagpur under Section 51 of the
Bombay Public Trust Act, 1950, on Application No. 1507 of
2010, is hereby quashed and set aside. The matter is
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remitted back to the learned Deputy Charity Commissioner,
Nagpur, for decision in accordance with law after permitting
respondent nos. 9 to 14 to be substituted in place of the
original applicant.
Rule made absolute in above terms. No order as
to costs.
ig JUDGE
Rvjalit
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C E R T I F I C A T E
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of original signed Judgment/Order.
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