Sadashiv Haribhau Nagle vs Sharad Ramvilas Somani And Others
2021 Latest Caselaw 4766 Bom

                                            (1)                    901 wp 7753.19

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                         901 WRIT PETITION NO.7753 OF 2019

                           SADASHIV HARIBHAU NAGLE
                                    VERSUS
                      SHARAD RAMVILAS SOMANI AND OTHERS

                                         ...
     Advocate for Petitioner : Mr. P.R. Katneshwarkar h/f. Barde Parag Vijay
                   AGP for Respondents/State : Mr. P.S. Patil
                 Sr. Counsel for Respondents : Mr. V.D. Sapkal
                                         ...

                                     CORAM :      UJJAL BHUYAN &
                                                  M.G. SEWLIKAR, JJ.

                                     DATE     :   16.03.2021

P.C. :-

                Heard learned counsel for the parties.

2. By filing this petition under Articles 226/227 of the Constitution

of India petitioner seeks quashing of judgment and order dated 04.06.2019

passed by the Deputy Charity Commissioner, Ahmednagar in Enquiry

Application No.616/2016.

3. The dispute pertains to affairs of Belapur Education Society,

Belapur which is a public trust registered under the Maharashtra Public Trust

Act, 1950.

(2) 901 wp 7753.19

4. Petitioner and respondent nos.1 and 2 are members of the

Belapur Education Society (briefly the 'Public Trust' hereinafter)

5. Though there is a litigation history pertaining to the public trust,

in view of the order that we propose to pass it may not be necessary to delve

into the same. Suffice it to say that the impugned judgment and order has

been assailed on the ground that directions issued by the Deputy Charity

Commissioner as contained in the impugned judgment and order could not

have been issued under Section 41(A) of the Maharashtra Public Trust Act,

1950 (briefly the 'Act' hereinafter). It is contended by the petitioner that the

Deputy Charity Commissioner had firstly directed holding of elections to the

public trust and secondly had directed that such elections be held on a basis of

a particular members / voters list. Exercise of power under Section 41(A)

being administrative in nature, such directions could not have been issued by

the Deputy Charity Commissioner.

6. In the course of the hearing, learned counsel representing

respondent nos.1 and 2 has pointed out that in terms of the impugned

judgment and order elections to the public trust were held on 13.07.2019

whereafter change report bearing no.1200/2019 was submitted to the said

authority. Petitioner is in fact contesting the said change report and

(3) 901 wp 7753.19

17.03.2021 has been fixed as the next date of hearing on the change report.

Further submission made is that the next round of election to the public trust

is due in July-2021.

7. When this was pointed out to learned counsel for the petitioner

with the observation that it would be more appropriate if direction is issued to

the Deputy Charity Commissioner to take a decision one way or the other on

the change report no.1200/2019 expeditiously, he fairly submitted that he

would have no objection to the proposed course of action but in addition he

submitted that the public trust is functioning on an ad-hoc basis without any

scheme. Scheme Application No.36/2017 is still awaiting final approval of the

aforesaid authority. He also submits that this Court in Writ Petition

No.1569/2018 (Sadashiv Haribhau Nagale V/s. Assistant Charity

Commissioner, Ahmednagar) had directed the Assistant Charity Commissioner

to take a final decision on the aforesaid scheme application. Thereafter time

was extended on prayer made by the adjudicating authority. He therefore

prays that both the change report and the scheme application may be heard

together and decided by the Deputy Charity Commissioner expeditiously.

(4) 901 wp 7753.19

8. We find that there is unanimity on the part of learned counsel for

the contesting parties about the aforesaid course of action. Besides,

submissions made are reasonable and pragmatic.

9. That being the position and without expressing any opinion on

merit, we direct the Deputy Charity Commissioner, Ahmednagar to finally

decide the change report no.1200/2019 along with the scheme application

no.36/2017 within a period of sixty days from the date of receipt of a copy of

this order. Since we have not entered into merit, all contentions are kept

open.

10. Writ Petition is accordingly disposed of. No cost.

      [M.G. SEWLIKAR, J.]                                    [UJJAL BHUYAN, J.]




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