Rev. Sukhanda Rajaram Ranbhise vs The Joint Charity Commissioner ...
2022 Latest Caselaw 13327 Bom

                                                       4.IA.20192.22 in FAST.28658.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 20192 OF 2022
                                       IN
                      FIRST APPEAL (ST.) NO. 28658 OF 2022


Rev. Sukhanda Rajaram Ranbhise & Ors.         ...     Applicants/
                                                    Appellants
           Versus

The Joint Charity Commissioner,
Kolhapur Division, Kolhapur & Ors.            ...     Respondents



Mr. C.G. Patil i/b Mandar G. Bagkar for the Applicants/Appellants.


                                  CORAM :     R.I. CHAGLA, J.
                                  DATED :     20th DECEMBER, 2022.


ORDER :

1 By this Interim Application the Applicants/Appellants are

seeking a stay of the operation, effect, implementation and execution of

the impugned judgment and orders dated 17.10.2022 and 20.10.2022.

2 The Applicants are stated to be trustees of Respondent No.7-

Trust. The impugned judgment and orders dated 17.10.2022 and

20.10.2022 was passed by Respondent No.1 in Application No.03 of 2018

under Section 41 D of the Maharashtra Public Trust Act, 1950. The

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4.IA.20192.22 in FAST.28658.22.doc

Applicants/Appellants who are the Trustees were not even joined in the

Application No.03 of 2018 filed under Section 41 D of the said Act.

Respondent No.1 had suo-motu initiated proceedings under Section 41 D

of the said Act against the Trustees who had already expired and against

the opponent trustees who though alive had already vacated office as

Trustees of Respondent No.7-Trust.

3 In the operative part of the impugned judgment and order

dated 17.10.2022 passed by the Joint Charity Commissioner, Kolhapur

Division, Kolhapur, the opponent Trustees who are alive, though having

vacated office, were held guilty under Section 41 D of the Maharashtra

Public Trust Act, 1950 and declared as permanently disqualified as

trustees of the Trust. It is noted that in clause 3 of the operative part of

the said impugned judgment and order the opponent Trustees who have

expired were exonerated from the case. In clause 4 of the operative part,

the Respondent No.2-Administrator who was appointed as well as the

Deputy Charity Commissioner were directed to submit status report in

respect of day to day functioning of the Trust. They were further directed

to submit names of proposed 15 Trustees under Section 47 of the

Maharashtra Public Trust Act, 1950 to the Joint Charity Commissioner

within two months from the date of the said order.

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                                                       4.IA.20192.22 in FAST.28658.22.doc



4           Respondent No.1 by passing the impugned judgments and

orders had prima facie failed to apply his mind to the fact that

Respondent No.7-Trust is already having as existing trustees, the

Applicants/Appellants. Thus without joining the Applicants/Appellants as

Trustees and/or hearing them, these directions were issued. The

Applicants/Appellants had already filed change report before the Charity

Commissioner as to their being Trustees for a further period of three years

from 2021 to 2023 of Respondent No.7-Trust. The Applicants being

appointed as Trustees of Respondent No.7-Trust are in charge of the

affairs of Respondent No.7-Trust. Thus the Applicants/Appellants are

aggrieved by appointment of Respondent No.2-Administrator to

administer the affairs of the Trust when they are themselves in charge of

the affairs of the Respondent No.7-Trust.

5 I have considered the averments in the Interim Application as

well as taken note that the impugned judgments and orders proceeded

against the opponent parties who have ceased to be Trustees and/or have

expired and in which directions have been issued including appointment

of administrator without making the existing Trustees namely the

Applicants/Appellants as parties and/or hearing them. Accordingly, there

shall be ad-interim stay of the execution of the impugned judgments and

orders dated 17.10.2022 and 20.10.2022 passed by Respondent No.1 in Waghmare 3/4

4.IA.20192.22 in FAST.28658.22.doc

Application No.03 of 2018 under Section 41 D of the Maharashtra Public

Trust Act, 1950.

6 Issue notice on the Interim Application as well as for

admission of First Appeal to the Respondents, returnable on 23.01.2023.

Ad-interim stay which is granted shall be till the hearing of the Interim

application.

7              Stand over to 23.01.2023.



                                                                                                  Digitally signed
                                                                                                  by WAISHALI
                                                                                         WAISHALI SUSHIL
                                                                                         SUSHIL   WAGHMARE

                                                       (R.I. CHAGLA, J.)                 WAGHMARE Date:
                                                                                                  2022.12.21
                                                                                                  17:40:37 +0530




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