Suryakant Somnath Waghmare And ... vs Arun Pandurang Garad And Others
2021 Latest Caselaw 1002 Bom

                                          1             919-WP.641-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      919 WRIT PETITION NO.641 OF 2021
           SURYAKANT SOMNATH WAGHMARE AND ANOTHER
                           VERSUS
               ARUN PANDURANG GARAD AND OTHERS
                                      ...
             Advocate for Petitioners : Mr. Ingale Vivekanand V.
               AGP for Respondent-State : Mr. K. B. Jadhavar.
                                      ...

                                CORAM :       V. K. JADHAV, J.

                                DATE :        15.01.2021

     PER COURT :-

     1.      Heard.

2. The learned counsel for the petitioners submits that on

the basis of the complaint filed by the petitioners, the

respondents / trustees had to face the proceedings under

Section 41-D of the Maharashtra Public Trusts Act, 1950. The

Joint Charity Commissioner, Latur Region, Latur by judgment

and order dated 26.06.2019 removed the Non-applicant Nos.1,

2, 4 to 17, 19 and 20 and one Somnath Ganpati Waghamare

permanently from the trusteeship and membership of the Trust

as well as restrained them from becoming the member and

trustee in any other public trust.

2 919-WP.641-21.odt

3. Being aggrieved by the same, those trustees have

preferred the Writ Petition No.10198 of 2019 before this Court

and by order dated 09.09.2019 this Court (Coram : Ravindra V.

Ghuge, J.) particularly in clause "B" of the operative part of the

order directed as under :

"remitted the matter to the learned Joint Charity Commissioner, Latur to hear the litigating sides on the aspect of the permanent removable as trustees and members of the Trust and restraining them from becoming members or trustees in any other public trust".

4. The learned counsel submits that the Joint Charity

Commissioner, Latur Region, Latur by impugned order dated

18.10.2019 has decided the matter after remand and further

directed that those trustees are removed from the Trust till

accepting their change report by the competent authority. The

learned counsel submits that the matter was remanded only to

the extent to consider the aspect of permanent removal as a

trustee and member of the Trust of those respondents,

otherwise, this Court while disposing of the Writ Petition has

not interfered in the impugned order. However, the learned

Joint Charity Commissioner has removed those trustees till

accepting the change report. The learned counsel submits that

3 919-WP.641-21.odt

thus the removal for such a short period till acceptance of their

change report would be the mockery of justice and against the

proceedings of Section 41-D of the Maharashtra Public Trusts

Act.

5. In view of the above, issue notice to the respondents,

returnable on 26.02.2021.

6. The learned AGP waives the notice for respondent

No.21-State.

(V. K. JADHAV, J.) ...

vmk/-