Sudhir Daulatram Paliwal And ... vs Ganesh Shrikishan Khandewal And ...
2023 Latest Caselaw 8493 Bom

2023:BHC-NAG:12463-DB
              WP 3032-21                                       1                     Judgment
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                     NAGPUR BENCH, NAGPUR.
                                         WRIT PETITION NO. 3032/2021

              1.       Sudhir Daulatram Paliwal, aged about 67 years,
                       Occupation - Business, R/o 157, Ramdaspoeth,
                       Nagpur.

              2.       Ashok Pralhadrai Agrawal, Aged about 65 years,
                       Occupation - Business, R/o Govindpur Road,
                       Gondia.                                                  PETITIONERS
                                                    -VERSUS-
              1.       Dr.Ganesh Shrikishan Khandelwal,
                       Resident of 6/2 Vakilpeth Colony, Nagpur-9.

              2.       Dhirendra Madanlal Gupta,
                       Resident of N-72, Nagmali Layout, Reshimbag,
                       Nagpur-9.

              3.       The Joint Charity Commissioner, Nagpur.                RESPONDENTS
              __________________________________________________________________________
                                Shri S.D. Abhyankar, counsel for the petitioners.
                           Shri M.S. Sharma, counsel for the respondent nos.1 and 2.
                   Shri A.A. Madiwale, Assistant Government Pleader for the respondent no.3.

              CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

              DATE       : AUGUST     21,   2023.
              ORAL JUDGMENT           (PER : A.S. CHANDURKAR, J.)

                       RULE.    Rule made returnable forthwith and heard the learned

              counsel for the parties.

2. The petitioners have invoked the jurisdiction of the respondent no.3-

Joint Charity Commissioner by filing proceedings under Section 41E read

with Section 41A of the Maharashtra Public Trusts Act, 1950 (for short, 'the

Act of 1950'). It is their grievance that though the period of almost three

years has elapsed, the said proceedings have not been decided. The

petitioners seek to rely upon proviso 1 to Section 41A of the Act of 1950 WP 3032-21 2 Judgment which envisages such application being decided within a period of three

months from the date of its receipt. It is stipulated that on failure to do so,

reasons have to be recorded.

3. The learned counsel for the respondent nos.1 and 2 submits that an

application dismissal of the proceedings has been filed.

4. We have perused the Roznama which indicates the progress of the

proceedings. Considering the fact that the proceedings have been initiated

on 31.08.2020, it is necessary for the respondent no.3 to take all the steps in

accordance with law to ensure that the proceedings are decided in view of

the proviso to Section 41A(1) of the Act of 1950.

5. It is thus directed that the respondent no.3 shall take all necessary

steps in that regard and decide the proceedings by the end of December-

2023. The proceedings be decided on its own merits and in accordance with

law. It is open for the respondent nos.1 and 2 to raise all permissible

grounds including the tenability of the application under Section 41A of the

Act of 1950.

6. Rule is disposed of in aforesaid terms. No order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

APTE

Signed by: Apte Designation: PS To Honourable Judge Date: 22/08/2023 13:27:56