Bombay High Court
Shri. Pramod S/O. Tejram Gabhane ... vs Shri. Nitin S/O. Diwakar Todkar ... on 14 September, 2017
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
First Appeal No. 863 of 2017
Appellants : 1) Shri Sachin s/o Diwakar Todkar,
Aged about 43 years, Occ. Business,
R/o Vivekanand Colony, Petrol Pump,
Jawahar Nagar, Taluka and District
Bhandara.
2) Sau. Ranjana w/o Sachin Todkar,
Aged about 40 years, Occ. Agriculturist,
R/o Vivekanand Colony, Petrol Pump,
Jawahar Nagar, Taluka and District
Bhandara.
3) Sau. Surekha w/o Ashok Vande,
Aged about 43 years, Occ. Household,
R/o Flat No. 101, Harekrushna Apartment,
Plot No. 11, Dattaatraya Nagar, Behind
Chhota Taj Bagh, Nagpur.
4) Shri Yashwant s/o Arunrao Dhawangale,
Aged about 20 Years, Student, R/o
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Telgaon, Kamptee, Tah. Kalmeshwar,
District- Nagpur.
versus
Respondents : 1) Shri Nitin s/o Diwakar Todkar,
Aged about 44 years, Occ: Service,
R/o Gowardhan Nagar, Tumsar,
Tah. Tumsar, District-Bhandara.
2) Smt. Indubai Gajananrao Rambhad,
Aged Major, Occ: Household, R/o Tilak
Ward, Main Road, Bhandara, District-
Bhandara..... Dead
3) Sau. Asha Hemraj Khot,
Aged about 50 Years, Occu: Household,
R/o Main Road, Bhandara,
District-Bhandara.
4) Sau. Mangala Vilasrao Jodh,
Aged about 56 years, Occ. Household,
R/o Vijayanand Society, Narendra Nagar,
Nagpur.
5) Smt. Sumitra Madhavrao Dalal,
Aged Major, Occ. Household, R/o Tilak
Ward, Bhandara, District-Bhandara.
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6) Ku. Rohini Madhukarrao Shukla,
Aged about 43 years, Occ. Household,
R/o Main Road, Bhandara,
Tq. & District Bhandara.
7) Smt. Shakuntala Ramchandra Dharmik,
Aged about 55 years, Occ. Household,
R/o Main Road, Bhandara, Tq. and
District Bhandara.
8) Smt. Lalita Anil Rambhad,
Aged about 50 years, Occu. Household,
R/o Tilak Ward, Bhandara,
District Bhandara.
9) Shri Pramod s/o Tejram Gabhane,
aged about 44 years, Occu. Business,
R/o Ganeshpur, Bhandara,
District Bhandara.
10) Shri Jaykesh Maharaj Singh Yadav,
Aged about 38 years, Occu. Business,
R/o Akre Complex, Near Navkar Diesel
Petrol pump, Bhandara, Tah. and District
Bhandara.
11) Assistant Charity Commissioner,
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Bhandara, Office at Near Punjab National
Bank, Jail Road, Bhandara,
Tah. and District Bhandara.
Shri A. Z. Jibhkate, Advocate for appellant
Shri Prashant Gode, Advocate for respondents no. 3, 5 to 8
Shri V. N. Patre, Advocate for respondents 1, 4 and 10
Shri A. M. Kadukar, Asst. Govt. Pleader for respondent no. 11
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First Appeal No. 864 of 2017
Appellants : 1) Shri Pramod s/o Tejram Gabhane,
Aged about 44 years, Occu: Business,
R/o Ganeshpur, Bhandara, Tah. &
Dist.Bhandara.
2) Shri Jaykesh Maharaj Singh Yadav, aged
about 38 years, Occu: Business, R/o Akre
Complex, Near Navkar Diesel Petrol Pump,
Bhandara Tah. and Distt. Bhandara.
versus
Respondents : 1) Shri Nitin s/o Diwakar Todkar,
Aged about 44 years, Occu: Service, R/o
Gowardhan Nagar, Tumsar, Tah. Tumsar,
Dist. Bhandara.
2) Smt. Indubai Gajananrao Rambhad,
Aged Major, Occu: Household,
R/o Tilak Ward, Main Road, Bhandara,
Tah. & Dist. Bhandara..... Dead
3) Sau. Asha Hemraj Khot,
Aged about 50 years, Occu: Household,
R/o Main Road, Bhandara, Tah. & Distt.
Bhandara.
4) Sau. Mangala Vilasrao Jodh,
Aged about 56 years, Occu: Household,
R/o Vijayanand Society, Narendra Nagar,
Nagpur.
5) Smt. Sumitra Madhavrao Dalal,
Aged Major, Occu: Household, R/o Tilak
Ward, Bhandara, Tah. & Dist. Bhandara.
6) Ku. Rohini Madhukarrao Shukla,
Aged about 43 years, Occu: Household,
R/o Main Road, Bhandara,
Tah. & Dist. Bhandara.
7) Smt. Shakuntala Ramchandra Dharmik,
Aged about 55 years, Occu: Household,
R/o Main Road, Bhandara,
Tah. & Dist. Bhandara.
8) Smt. Lalita Anil Rambhad,
Aged about 50 years, Occu: Household,
R/o Tilak Ward, Bhandara,
Tah. &Dist. Bhandara.
9) Shri Sachin s/o Diwakar Todkar,
Aged about 43 years, Occu: Business,
R/o Vivekanand Colony, Petrol Pump,
Jawahar Nagar, Tah. & Dist. Bhandara.
10) Sau. Ranjana w/o Sachin Todkar,
Aged about 40 years, Occu: Agriculturist,
R/o Vivekanand Colony, Petrol Pump,
Jawahar Nagar, Tah. & Dist. Bhandara.
11) Sau.Surekha w/o Ashok Vande,
Aged about 43 years, Occu: Household,
R/o Flat No. 101, Harekrushna Apartment,
Plot No. 11, Dattatraya Nagar, Behind
Chhota Taj Bagh, Nagpur.
12) Shri Yashwant s/o Arunrao Dhawangale,
Aged about 20 years, Occu:Student, R/o
Talegaon, Kamptee, Tah. Kalmeshwar,
Distt. Nagpur.
13) Assistant Charity Commissioner, Bhandara,
Office at Near Punjab National Bank, Jail
Road, Bhandara, Tah & Dist. Bhandara.
Shri R. L. Khapre, Advocate for appellant
Shri Prashant Gode, Advocate for respondents no. 3, 5 to 7
Respondent no. 2 dead
Shri A. M. Kadukar, Asst. Govt. Pleader for respondent no. 13
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Coram : S. B. Shukre, J
Dated : 14th September 2017
Oral Judgment
1. Heard. Admit. Heard finally by consent.
2. These appeals question legality and correctness of the
common order passed by the District Judge-2, Bhandara on 11.1.2016 in
the MJCs No. 48 of 2015 and 56 of 2015 preferred against the order
dated 30.4.2015 passed by the Assistant Charity Commissioner, Bhandara
in the proceedings initiated under Section 72 of the Maharashtra Public
Trusts Act, 1950.
3. One of the grounds which, in fact, appears to be the main
ground on which learned District Judge has passed the impugned order is
that the non-applicants were not given sufficient opportunity to contest
the scheme application filed under Section 50A (1) of the Maharashtra
Public Trusts Act, 1950 (for short, the "Act of 1950" for brevity) which
was allowed by the Assistant Charity Commissioner, Bhandara vide order
dated 30th April 2015. In other words, the order dated 30 th April 2015
passed by the Assistant Charity Commissioner has been quashed and set
aside by the District Judge on procedural ground. On this aspect of the
matter, learned counsel for the parties submit that it would be sufficient if
the matter is remanded to the Assistant Charity Commissioner for a
decision afresh on the scheme application under Section 50A (1) of the
Act of 1950 after giving reasonable opportunity of hearing to both sides
and accompanied by a direction for expeditious disposal of the scheme
application as well as two change report enquiries, one of 2009 and the
other of the year 2010, respectively bearing Nos. 763 of 2009 and 214 of
2010.
4. In view of the above, I am of the opinion that it would be in
the interest of the Trust that all the persons interested in the affairs of the
Trust are given sufficient opportunity of hearing before any order is
passed on the scheme application filed under Section 50A (1) of the Act of
1950 and accordingly, I am inclined to allow these appeals by quashing
and setting aside the impugned order passed by the District Judge as well
as the Assistant Charity Commissioner. However, some interim
arrangement for managing the affairs of the Trust would also have to be
made till the appropriate decisions are taken by the Assistant Charity
Commissioner on the scheme application as well as the change report
enquiries. In this regard, there is, however, disagreement between
learned counsel for the parties. But considering the fact that there has
been an interim relief granted by this Court on 3 rd August 2016 which was
to some extent modified by the Court on 7 th December 2016, I find it
appropriate to continue the interim relief dated 3 rd August 2016, modified
on 7th December 2016 till final disposal of the scheme application and the
change report enquiries by learned Assistant Charity Commissioner in
accordance with law subject, of course, to a few more conditions
suggested by learned counsel for the respondents which I find to be
reasonable inasmuch as learned counsel for the appellants has graciously
expressed his agreement to the same.
5. In the result, appeals are allowed and order dated 11 th
January 2016 passed by the District Judge-2, Bhandara in MJCs No. 48 of
2015 and 56 of 2015 as well as order dated 30 th April 2015 passed by the
Assistant Charity Commissioner, Bhandara in Application No. 1 of 2015
are hereby quashed and set aside. The scheme application (Application
No. 1 of 2015) is remitted back to the Assistant Charity Commissioner for
decision afresh in accordance with law after giving reasonable
opportunity of hearing to both sides. Application no. 1 of 2015 as well as
Change Report Enquiries No. 763 of 2009 and 214 of 2010 shall be
expeditiously disposed of by the Assistant Charity Commissioner in
accordance with law, preferably within four months from the date of
appearance of the parties before him. Parties shall appear before the
Assistant Charity Commissioner on 27.9.2017. Respondents Nitin
Todkar, Saut Mangala Vilasrao Jodh, Smt Lalita Anil Rambhad, Sachin
Diwakar Todkar, Sau Ranjana Sachin Todkar, Sau Surekha Ashok Vande
and Yashwant Arunrao Dhawangale who are absent before this Court,
though duly served, shall be duly noticed by the Assistant Charity
Commissioner. Interim orders dated 3 rd August 2016 and 7th December
2016 shall continue till final disposal of the scheme application and
change report enquiries subject to the additional conditions that
statements of accounts showing receipts and expenditure of the Trust and
all the Institutions run by it, shall be filed every month before the
Assistant Charity Commissioner; that no policy decisions shall be taken
including decisions regarding transfers and appointments of employees
and that except for the expenditure on account of salary, all other
expenditure and withdrawals shall be with the prior approval of the
Assistant Charity Commissioner, till final disposal of the cases relating to
scheme application and change report enquiries. Smt Asha Hemraj Khot
being a recorded Trustee and part of the Scheme, shall have liberty to
examine accounts and other documents of the Trust and the Institutions
run by it. Parties shall cooperate with the Assistant Charity Commissioner
in expeditious disposal of all the proceedings. Parties shall not be granted
adjournment except when it is necessary for the reasons beyond control of
the concerned parties. Parties to bear their own costs.
S. B. SHUKRE, J
joshi
