Bombay High Court
Sudhir Abhiman Ramteke And Others vs Joint Charity Commissioner, ... on 4 August, 2022
Bench: Manish Pitale
1 mca-451-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION NO. 451 OF 2022
IN
WRIT PETITION NO. 1413 OF 2022
Sudhir Abhiman Ramteke and others -- Applicants
Vs.
Joint Charity Commissioner, Nagpur & Others -- Respondents
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. R.M. Bhangde, Advocate for Applicants
Mr. S.M. Ghodeswar, AGP for Respondent Nos.1 & 2
CORAM : MANISH PITALE, J.
DATE : 4th August, 2022
By this application, the original petitioners in Writ
Petition No.1413/2022, have approached this Court
seeking review of the order dated 05/07/2022, passed by
this Court. By the said order, the writ petition was
dismissed, thereby confirming order passed by the Joint
Charity Commissioner, whereby original orders passed by
the Assistant Charity Commissioner were set aside and
the matters were remanded to the said authority.
2. Mr. Rahul Bhangde, learned counsel appearing for
review applicants strenuously urged that certain crucial
documents on record of the petition were not brought to
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the notice of this Court, as a consequence of which, the
findings rendered by the Joint Charity Commissioner that
there was violation of principles of natural justice in the
proceedings before the Assistant Charity Commissioner,
were erroneously confirmed by this Court.
3. The learned counsel specifically invited attention
of this Court to pages 82, 83 and 83-A, as also page
No.88 of the record of the writ petition to contend that
notices were indeed issued by the Assistant Charity
Commissioner in the original proceedings to the trustees,
whose names found mention in the Schedule-I,
concerning the trust "Pragtik Shikshan Sanstha,
Desaiganj". It was submitted that the notices were
returned with remark "addressee left, returned to sender".
Page No.88 is a paper publication of notice indicating the
enquiry that was pending before the Assistant Charity
Commissioner.
4. In this context, the learned counsel appearing for
the review applicants invited attention of this Court to
Rules 5 and 13 of the Maharashtra Public Trusts Rules,
1951, to contend that no fault can be attributed to the
Assistant Charity Commissioner or his office for having
dispatched notices to the recorded addresses of the
trustees in Schedule-I and that it was the duty of such
trustees to have brought to the notice of the said
authority about the change in their addresses. In this
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regard, the learned counsel appearing for the review
applicants relied upon judgment of the Hon'ble Supreme
Court in the case of Principal Commissioner of Income
Tax, Mumbai Vs. M/s I-ven Interactive Limited, Mumbai
(judgment and order dated 18/10/2019, passed in Civil
Appeal No. 8132 of 2019).
5. It was submitted that since the aforesaid crucial
aspects of the matter were not brought to the notice of
this Court, the order dated 05/07/2022, needs to be
reviewed. It is specifically contended that there is urgency
in the matter for the reason that as a consequence of the
order passed by this Court, the names of the applicants
(original petitioners) are likely to be immediately
removed from Schedule-I, due to which they would be
thrown out of management of the amalgamated trust. It
is specifically contended that the applicants as elected
office bearers of the amalgamated trust have been
managing the School run by the amalgamated trust for
the past about four years. Therefore, great prejudice
would be caused to them if the review application is not
immediately entertained and interim orders are not
granted.
6. Having heard the learned counsel for the review
applicants, this Court is of the opinion that a case is made
out for issuance of notice in the present application.
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7. In view of the aforementioned specific contentions
raised on behalf of the applicants, till the next date of
listing, interim order deserves to be granted.
8. Accordingly, issue notice, returnable on
26/08/2022.
9. Mr. S.M. Ghodeswar, learned Assistant
Government Pleader waives service of notice for
respondent Nos.1 and 2.
10. In the meanwhile and till the next date of listing,
there shall be ad-interim relief in terms of prayer clause
(iii), which reads as follows :
"iii. Further, during pendency of the instant
applicant, the non-applicants be also restrained
from making any change in the schedule 1 of
both the trusts, namely, Pragatik Shikshan
Sanstha, Desaiganj and Gramin Vikas Shikshan
Sanstha, Churmura."
11. Hamdast granted.
JUDGE
Digitally signed by:MILIND
P DESHPANDE
Signing Date:04.08.2022
18:45
MP Deshpande
