Bombay High Court
Survottam Narayanrao Patharikar ... vs The Assistant Charity ... on 8 February, 2021
Bench: R. G. Avachat
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1716 OF 2020
Survottam Narayan Patharikar and others ... Petitioners
Versus
The Assistant Charity Commissioner
Parbhani and others ... Respondents
....
Mr. S. S. Gangakhedkar, Advocate for petitioners
Mr. S. P. Tiwari, AGP for respondent Nos. 1 and 2
Mr. S. K. Chavan, Advocate for respondent Nos. 3 to 5
....
CORAM : R. G. AVACHAT, J.
RESERVED ON : 01st FEBRUARY, 2021
PRONOUNCED ON : 08th FEBRUARY, 2021
PER COURT :-
. The challenge in this writ petition is to the order dated
12.12.2019 passed by the learned Joint Charity Commissioner,
Aurangabad, below Exh.30 in Application No.159 of 2017. By the
impugned order, respondent Nos. 3 to 6 have been granted
permission to prefer appeal against the judgment and order dated
19.06.2017 passed by the Assistant Charity Commissioner, Parbhani
in Inquiry No.722 of 2008.
2. Learned Advocate for the petitioners would submit that
respondent Nos. 3 to 6 are not the persons interested in the trust -
'Shri Vyankatesh Mandir, Parbhani'. The learned Joint Charity
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Commissioner, therefore, ought not to have granted them permission
to prefer appeal. According to the petitioners one of the appellants is
not the resident of Vyankatesh Nagar, Parbhani. Learned Advocate
took me through the term - 'person having interest', defined in
Section 2(10) of the Maharashtra Public Trusts Act, 1950 (for short
"the MPT Act"). Learned Advocate, therefore, urged for setting aside
the impugned order.
Learned Advocate for the contesting respondents, would
on the other hand, submit that the averments made in the
application seeking permission to prefer appeal, make out a case for
their entitlement to prefer appeal. According to him, the impugned
order is self speaking. The same doesn't need to be interfered with.
3. In the year 2008, an application was moved for
registration of the trust, under Inquiry No.722 of 2008. The said
application was allowed by the learned Assistant Charity
Commissioner. 'Shri Vyankatesh Mandir, Parbhani' came to be
registered vide registration No.A-5032. A scheme under Section
50A(1) of the MPT Act was submitted. It was numbered as Inquiry
No.1643 of 2017. A notice of proceeding was said to have been
issued, but not in a newspaper having wide circulation.
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4. Perused the application preferred by respondent Nos. 3
to 6 seeking permission to prefer appeal against the order dated
19.06.2017 passed in Inquiry No.722 of 2008. There are sufficient
averments in the application to make out the case of being persons
interested. Some documents were also filed in support of the
application. The learned Joint Charity Commissioner has passed a
well reasoned order granting permission to respondent Nos. 3 to 6 to
prefer appeal under Section 70 of the MPT Act. Merits of the matter
in issue before the Joint Charity Commissioner cannot be gone into
in this proceeding.
5. Suffice it to say that no case is made out for interference
with the impugned order. The writ petition, therefore, fails. The
same is dismissed.
6. In view of dismissal of the writ petition, Civil Application
No.8131 of 2020 does not survive. The same is therefore disposed of.
[ R. G. AVACHAT, J. ]
SMS
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