Shankarrao Namdeo Newase And Ors vs Uddhavrao Namdev Newase And Anr
2021 Latest Caselaw 15558 Bom

                                                                            FA.2469-21.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          FIRST APPEAL NO.2469 OF 2021
                                      WITH
                        CIVIL APPLICATION NO.11669 OF 2021

Shankarrao Namdeo Newase
and ors.                                                ..Appellants
          Vs.
Uddhavrao s/o. Namdev Newase
and anr.                                                ..Respondents

                                  ----
Mr. V.P.Latange, Advocate for appellant
Mr. V.D.Salunke, Advocate for respondent
                                  ----

                                    CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 28, 2021 JUDGMENT :-

Heard learned counsel appearing for the parties, at length.

2. The challenge in this appeal is to the order dated

23.09.2021 passed by learned Joint Charity Commissioner, Pune

Region, Pune, below Exhibit-36 in Application No.21 of 2021 under

Section 41E of the Maharashtra Public Trusts Act, 1950. Said

application was moved by the appellants herein, for modification of the

order dated 13.07.2021 passed by the very authority i.e. Joint Charity

Commissioner, Pune, on application (Exh.5) in the same proceedings.

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3. Learned counsel for the appellants would submit that by

the impugned order, it has been made impossible for the appellants

to perform the day-to-day necessary activities of the Trust. He,

therefore, urged for recall of the order.

4. In paragraph 7 of the order dated 13.07.2021, learned

Joint Charity Commissioner has observed thus :-

"7. Perusal of record shows that applicant nos.1 and 2 are the trustees of the trust. Therefore, prima facie, they are the person having interest. The documents i.e. gift deed below Exh.3/4 itself shows that the applicant and his family members donated the agricultural land to the trust. The account statement of the trust Exh.3/24 as well as the account statement of Sadguru Milk and Agro Product Pvt. Ltd. vide Exh.3/5 and 3/10, Sant Gajanan Maharaj Milk and Milk Product, Mirajgaon vide Exh.3/6 and 3/13, Shivshankar Multistate co- operative Milk Production Society vide Exh.3/7 and 3/8, Sadguru Milk and Milk Product vide Exh.3/12, Shivshankar Transport Company vide Exh.3/15, Shivshankar Petroleum vide Exh.3/9, personal account statement of Ravindra Thorat vide Exh.3/14, personal account statement of Kalyani Newase vide Exh.3/17, 3/18, 3/19 and 7/12 extract of the property purchased by respondents below Exh.3/22 shows that on different dates the amount from the account of trust transferred to the account of Sadguru Milk and Agro Product Pvt. Ltd. and the payment made by the students to the personal accounts of the respondents."

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5. Only with a view to ensure the day-to-day functioning of

the Trust, the order was modified in terms of the order impugned in

this appeal. In view of the observations made in paragraph 7 of the

order dated 13.07.2021, this Court is not inclined to set aside the

impugned order.

6. It is submitted that Inspector - Shri. S.R.More may not

always be available to do the job, as has been directed under the

impugned order. It is, therefore, observed that Mr.R.B.Gavane, who

is also one of the Inspectors working with the very office of the

Assistant Charity Commissioner, shall do the job in terms of the

impugned order dated 23.09.2021, whenever Shri.S.R.More,

Inspector, would not be available.

7. It is expected of the Assistant Charity Commissioner-2,

Ahmednagar, to be prompt to discharge his job in terms of clause 2

of the impugned order dated 23.09.2021.

8. With the above observations, the appeal stands

disposed of. Civil Application also stands disposed of.

[R.G. AVACHAT, J.] KBP