Bombay High Court
Sanjay Suresh Joshi vs Ashwin Ghatate And Another on 27 April, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2324 OF 2017
Shri Satish Vasant Salpekar,
aged about 63 years, Occ. Business,
R/o. Plot No. A-2, Shri Gourinath
Plot No. 86, Shivaji Nagar, Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged Major, Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged Major, Occ. Business,
R/o. Green Park, Society,
Civil Lines, Nagpur....... RESPONDENTS
AND
WRIT PETITION NO. 2321 OF 2017
Shri Satish Vasant Salpekar,
aged about 63 years, Occ. Business,
R/o. Plot No. A-2, Shri Gourinath
Plot No. 86, Shivaji Nagar, Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged Major, Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged Major, Occ. Business,
R/o. Green Park, Society,
Civil Lines, Nagpur....... RESPONDENTS
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and
WRIT PETITION NO. 2325 OF 2017
Shri Satish Vasant Salpekar,
aged about 63 years, Occ. Business,
R/o. Plot No. A-2, Shri Gourinath
Plot No. 86, Shivaji Nagar, Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged Major, Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged Major, Occ. Business,
R/o. Green Park, Society,
Civil Lines, Nagpur....... RESPONDENTS
AND
WRIT PETITION NO. 2326 OF 2017
Shri Satish Vasant Salpekar,
aged about 63 years, Occ. Business,
R/o. Plot No. A-2, Shri Gourinath
Plot No. 86, Shivaji Nagar, Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged Major, Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged Major, Occ. Business,
R/o. Green Park, Society,
Civil Lines, Nagpur....... RESPONDENTS
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AND
WRIT PETITION NO. 2327 OF 2017
Shri Satish Vasant Salpekar,
aged about 63 years, Occ. Business,
R/o. Plot No. A-2, Shri Gourinath
Plot No. 86, Shivaji Nagar, Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged Major, Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged Major, Occ. Business,
R/o. Green Park, Society,
Civil Lines, Nagpur....... RESPONDENTS
AND
WRIT PETITION NO. 2373 OF 2017
Shri Sanjay Suresh Joshi,
aged about 50 years, Occ. Business,
R/o. Plot No. 36, Tilak Nagar,
Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged 48 years, , Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged 51 years, Occ. Business,
R/o. Greenpark, Society,
Civil Lines, Nagpur....... RESPONDENTS
AND
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WRIT PETITION NO. 2374 OF 2017
Shri Sanjay Suresh Joshi,
aged about 50 years, Occ. Business,
R/o. Plot No. 36, Tilak Nagar,
Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged 48 years, , Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged 51 years, Occ. Business,
R/o. Greenpark, Society,
Civil Lines, Nagpur....... RESPONDENTS
and
WRIT PETITION NO. 2375 OF 2017
Shri Sanjay Suresh Joshi,
aged about 50 years, Occ. Business,
R/o. Plot No. 36, Tilak Nagar,
Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged 48 years, , Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged 51 years, Occ. Business,
R/o. Greenpark, Society,
Civil Lines, Nagpur....... RESPONDENTS
AND
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WRIT PETITION NO. 2376 OF 2017
Shri Sanjay Suresh Joshi,
aged about 50 years, Occ. Business,
R/o. Plot No. 36, Tilak Nagar,
Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged 48 years, , Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged 51 years, Occ. Business,
R/o. Greenpark, Society,
Civil Lines, Nagpur....... RESPONDENTS
and
WRIT PETITION NO. 2377 OF 2017
Shri Sanjay Suresh Joshi,
aged about 50 years, Occ. Business,
R/o. Plot No. 36, Tilak Nagar,
Nagpur ...... PETITIONER
...VERSUS...
1. Ashwin Ghatate,
Aged 48 years, , Occ. Business,
R/o. Gokul, Ghatate Bungalow,
V.I.P. Road, Civil Lines,
Nagpur.
2. Jagjeet Singh,
Aged 51 years, Occ. Business,
R/o. Greenpark, Society,
Civil Lines, Nagpur....... RESPONDENTS
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S/Shri N.A.Gaikwad and Alok Daga, counsel for Petitioners.
Shri U.A.Gosawi, counsel for Respondent no. 1
Shri M.M.Dandekar, counsel for respondent No.2
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, J.
th
DATE : 27 APRIL, 2017 .
ORAL JUDGMENT
1] Rule made returnable forthwith.
Heard learned counsels appearing for the parties
finally.
2] In all these petitions, the order dated 04.03.2017
passed by the learned Assistant Charity Commissioner,
Nagpur, in different change reports, rejecting the applications
filed by the petitioners under Section 73A of the Maharashtra
Public Trusts Act, for being joined as intervenor, is under
challenge. It has been held relying upon the decision of this
Court in Chetan Mehta vrs. State of Maharashtra and
others, reported in 2008 (6) All MR189, that the intervenors
have not demonstrated as to how their impleadment would
assist the authority in determining the present change report.
It further holds that merely because the intervenors are the
trustees as on the date, it would be of no use to assist the
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enquiry on the change reports which were filed long back.
3] The learned counsels appearing for the
petitioners in all these petitions, supported by Shri
U.A.Gosawi, the learned counsel appearing for respondent
No.1, urged that all the petitioners in the petitions were
appointed as trustees of the trust in question by an order
dated 19.05.2016 passed by the learned Joint Charity
Commissioner at Mumbai, in exercise of his powers under
Section 47 r/w Section 41-A of the said Act. It is not in
dispute that all the change reports except one, to which the
petitioners are the parties, were filed prior to 2012. It is urged
that the petitioners are covered by the definition of "persons
having interest" in Section 2(1)(e) of the said Act read with
Section 2(18) and therefore, the application for intervention
should have been allowed by the learned Assistant Charity
Commissioner. The reliance is also placed upon the common
decision of this Court in the case of Mr. Harshal Uddhav
Aarvikar vrs. Shri Jagjeet Singh Gurusharan Singh and
another, along with connected matters, decided on
07.04.2017. He urged that the provisions of Section 73A of
the said Act is wide enough to include even the persons who
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were not the members of the trust on the date of filing of the
change report.
4] In the decision of this Court in Harshal's case,
cited supra, the petitioners were found to be enrolled as
members of the trust on 17.02.2009 and the change report
was filed on 20.02.2009. Thus, the undisputed position was
that prior to filing of change report, the petitioners were
actually enrolled as the members. They were, therefore, held
to be the persons having interest in the trust. The
observations of this Court that the provision of Section 73A of
the said Act is wide enough to include even the persons who
were not the members of the trust on the date of filing of the
change report is, therefore, surplusage and does not
constitute a ratio of the decision. The said decision does not,
therefore, help the petitioners in these petitions.
5] Merely because all the petitioners were
appointed as trustees by the subsequent order dated
19.05.2016 of the learned Joint Charity Commissioner,
passed in exercise of powers under Section 47 read with
Section 41-A of the said Act, would not make them as the
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persons having interest in the trust for the purpose of the
change reports which were filed on 20.02.2009 i.e. prior to
they becoming the trustees of the trust. The contention to
that effect is, therefore, rejected.
6] In the result, there is no substance in the
petition. All the petitions are dismissed.
JUDGE
Rvjalit
