Yusuf Ajit Shaikh And Others vs Hariram Atmaram Warkhade And ...
2023 Latest Caselaw 1843 Bom

                                                           1                                     29.WP.1444-2019.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1444 OF 2019

                              ( Shri Yusuf Ajit Shaikh & Ors.
                                            Vs.
                            Hariram Atmaram Warkhade & Ors. )

Office Notes, Office Memoranda                             Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. V.K. Paliwal, Advocate for the Petitioners.
                                  Mr. A.P. Thakare, Advocate for the Respondent No.1.
                                  Ms. M.A. Barabde, AGP for the Respondent No.3/State.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 23rd FEBRUARY, 2023

Heard Mr. Paliwal, learned counsel for the petitioners, Mr. Thakare, learned counsel for the respondent No.1 and Ms. Barabde, learned AGP for the respondent No.3/State.

2. The application filed by the present petitioners under Section 73-A of the Maharashtra Public Trust Act, for intervention in Change Report No. 335/2017 has been rejected. Mr. Paliwal, learned counsel for the petitioners submits, that the impugned order requires to be quashed and set aside, as the petitioners are the members of the "Rani Durgawati Aadiwasi Vikas Sanstha, Jogisakhara, P.T.R. No. F 1395(G) having been enrolled as members by one 2 29.WP.1444-2019.odt

Prabhakar Waktuji Sapate the then Secretary of the Trust. What is necessary to note is that Mr. Prabhakar Waktuji Sapate the then Secretary of the Trust, had filed Change Report No. 454/2010 in respect of a change which is claimed to have occurred on 05.08.2010, in pursuance to which, it is also contended that certain persons were inducted as members of the Trust from 2002 onwards. The learned Deputy Charity Commissioner, Nagpur in its judgment dated 09.05.2022, passed in Change Report No. 454/2010 in para 15, has categorically recorded a finding that the claim of the persons who are claimed to have been enrolled as members from 2002 and onwards by Mr. Prabhakar Waktuji Sapate, is without any substance, as the reporting Trustee had admitted that there were no documents, such as membership application, receipt of membership fees and resolution regarding enrollment of such members for the members of the Society. That being the position, the plea which is now raised by the petitioners who claims to be one of the person enrolled as members by Mr. Prabhakar Waktuji Sapate in a meeting claimed to have been held on 06.08.2007, in view of the aforesaid categorical finding rendered in para 15 of the judgment in Change Report No. 454/2010, would clearly not be tenable, considering which, I do not see any reason to interfere in the impugned order dated 13.12.2018 passed by the Deputy Charity Commissioner, Nagpur.

3. The Petition is therefore dismissed. No costs.

3 29.WP.1444-2019.odt

4. The amount of Rs.60,000/- (Rs. Sixty Thousand Only), deposited with the Deputy Charity Commissioner, Nagpur in terms of the order dated 28.02.2019, is permitted to be withdrawn by the petitioners.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:23.02.2023 19:15