Bombay High Court
Social Organization For ... vs Assistant Charity Commissioner, ... on 15 February, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 5803/2017
1. Social Organization for Upliftment of
Rural Culture, Environment & Education
(SOURCE), A society registered under the
Societies Registration Act, through its
Secretary,
Office Address- Plot no.81, Krushna
Keshav Nagar, Khat Road, Bhandara.
2. Rajesh Chandrashekhar Katdare,
Aged about 55, Occ. Service, r/o C-503,
Kakde City, Karve Nagar, Pune.
3. Headmistress, Pride Convent & School,
Khat Road,Bhandara, Tq. Dist. Bhandara. .....PETITIONERS
...V E R S U S...
1. Assistant Charity Commissioner,
Nagpur, Civil Lines, Nagpur.
2. Arvind Mahakalkar,
aged about 58 years, Occ. Service,
r/o Plot no. 188, Reshimbag, Nagpur-24.
3. Ashok Wadhokar (Deceased through LRs)
3-a Smt. Sunita wd/o Ashok Wadhokar,
aged about 68 years, Occ. Household,
3-b Shri Siddhesh Ashok Wadhokar,
aged about 33 years, Occ. Service.
3-c Mrs. Dr. Amruta Ashok Wadhokar,
aged 32 years, Occ. Practice,
All r/o Plot No. 4-A, Mehar Darbar Galli,
Duttatray Society, Manish Nagar, Nagpur. ..RESPONDENTS
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Mr. M. M. Dandekar, Advocate for petitioners.
Mr. S. S. Joshi, Advocate for respondent nos. 2, 3 (a) to 3 (c)
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CORAM:- V. M. DESHPANDE, J.
DATED :- 15.02.2021.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for the parties. Heard Mr.Dandekar,
learned counsel for petitioners, Mrs. Barabdhe, learned A.G.P. for
respondent no.1 and Mr. Joshi, learned counsel for respondent
nos. 2 and 3.
2. An application under Section 51 of the Bombay Public
Trusts Act was filed before Assistant Charity Commissioner,
Nagpur by respondent no.2 and one Ashok Wadhokar. It was
registered as Application No. 4/2016. During the pendency of the
application, Ashok Wadhokar passed away on 24.08.2016,
therefore, his legal representatives, who are respondent nos.3-a to
3-c in this writ petition, filed application seeking permission that
they be allowed to participate in proceeding. The said application
is at Exh.-7. The application was allowed on 08.06.2017 by
learned Assistant Charity Commissioner, which is under challenge
in this writ petition.
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3. I have perused application Exh.-7. It does not show
any pleadings as to how respondent nos. 3-a to 3-c in this writ
petition are having interest in affairs of trust. Thus, order
impugned cannot stand in eye of law and is liable to be rejected.
4. However, at the same time, respondent nos. 3-a to 3-c
can always file fresh application before the Assistant Charity
Commissioner giving details how they are having interest in trust.
5. In that view of the matter, the writ petition is disposed
of giving liberty to respondent nos. 3-a to 3-c to file application
before the Assistant Charity Commissioner by requisite pleadings
that they are having interest in the trust. If such an application is
moved by respondent nos.3-a to 3-c, it shall be decided by learned
Assistant Charity Commissioner on its own merit, in accordance
with law.
Rule accordingly. No order as to costs.
JUDGE
kahale
