Bombay High Court
Shri. Vishwa Punarnirman Sangh ... vs Smt. Alka Sahani And Others on 27 April, 2021
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2276 OF 2016
Shri Vishwa Punarnirman Sangh, Nagpur
Th. President Chandrakant J. Thakar
And Ors. ... Petitioners
-vs-
Alka Sahani and Ors. ... Respondents.
Shri R. L. Khapre, Senior Advocate with Shri M.M. Dhandekar, Advocate for
petitioners.
Shri S. D. Abhyankar, Advocate with Shri A. C. Dharmadhikari, Advocate for
respondent No.1.
Shri U. A. Gosavi, Advocate for respondent No.2.
Shri N. A. Gaikwad, Advocdate for respondent No.11.
Shri A. S. Jaiswal, Senior Advocate with Smt Radhika Bajaj, Advocate for
respondent No.12.
Ms Tajwar Khan, Assistant Government Pleader for respondent Nos.13 and
14.
Respondent Nos.3 to 10 served.
CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.
DATE ON WHICH ARGUMENTS WERE HEARD : FEBRUARY 23, 2021
DATE ON WHICH ORDER IS PASSED : APRIL 27, 2021
P.C.
Various interlocutory orders passed during pendency of
proceedings under Section 47 of the Maharashtra Public Trusts Act,
1950 (for short, the said Act) are the subject matter of challenge in this
writ petition.
After the writ petition was filed on 11/04/2016 the proceedings
under Section 47 of the said Act came to be finally decided on
19/05/2016. That order passed by the learned Joint Charity
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Commissioner is the subject matter of challenge in First Appeal
No.600/2016. This writ petition was directed to be heard alongwith
the said first appeal.
2. The orders under challenge in this writ petition are dated
06/08/2015 by which the learned Joint Charity Commissioner directed
the non-applicants in the said proceedings not to release any amount
available with Shri Vishwa Punarnirman Sangh (the Trust) except
amounts required to conduct the day-to-day affairs of the Trust.
Another order dated 19/11/2015 restraining the non-applicants from
withdrawing any amount from the account of the Trust or the school
except the amount of salary without prior permission of the Authority is
also under challenge. Order passed below Exhibit-57 dated
16/02/2016 staying the holding of a meeting of the members of the
Trust that was scheduled on 20/02/2016 is also under challenge. The
orders dated 11/03/2016 passed below Exhibits-52 and 60 issuing
interim directions in the matter of administration of the Trust have also
been challenged.
3. By a separate judgment delivered today First Appeal
No.600/2016 has been decided. The orders under challenge in this
writ petition are purely of an interlocutory nature that were passed
during pendency of the proceedings under Section 47 of the said Act.
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Though the petitioners had sought for stay of the proceedings under
Section 47 of the said Act no interim orders were passed in this writ
petition. As the proceedings under Section 47 of the said Act were
finally decided these interlocutory orders merged into the said final
judgment. We find that since First Appeal No.600/2016 has been
decided on merits the challenges raised in this writ petition are
rendered academic. It is therefore not found necessary to
independently consider those challenges to the various impugned
interim orders. The proceedings under Section 47 of the said Act have
been remanded to the learned Joint Charity Commissioner from the
stage of re-constitution of the Administrative Body in accordance with
the Articles of Association of the Trust.
4. In that view of the matter and in view of adjudication of First
Appeal No.600/2016 nothing remains for adjudication in this writ
petition. The same is accordingly disposed of. Needless to state that it
is open for the petitioners to raise all permissible objections before the
learned Joint Charity Commissioner when the proceedings pursuant to
the directions issued in First Appeal No.600/2016 are taken up.
Disposal of this writ petition would not come in the way of either of the
parties in the said proceedings.
JUDGE JUDGE
Asmita
