Bombay High Court
The National Education Society ... vs Dinesh S/O Masukhlal Sanghvi And ... on 3 November, 2023
Bench: A.S. Chandurkar, Abhay J. Mantri
2023:BHC-NAG:16116-DB
1 wp214 & 6508.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 214 OF 2023
1) Dinesh s/o Mahsukhlal Sanghvi,
Aged about 60 years, Occ. - Business,
President of National Education
Society, having its Regd.No.F-24,
Tahsil Khamgaon, District - Buldana,
R/o Near Nagar Parishad School
No.6, Deshmukh Plot, Khamgaon,
Tq. Khamgaon, District Buldana.
2) Manoj s/o Narayanji Nagada,
Aged about 55 years, Occ. - Business,
Secretary of National Education
Society, having its Regd.No.F-24,
Tah. Khamgaon, District - Buldana,
R/o 201, RK Sankul Ghatpuri Naka,
Khamgaon, Tq. Khamgaon,
District Buldana. .... PETITIONERS
VERSUS
1) The Assistant Charity Commissioner,
Buldana Division, Buldana.
2) The Khamgaon Urban Cooperative
Bank Ltd., Khamgaon, through its
Bank Manager having office at
Dhanwardhani Shriram Shaligram
Plot, Khamgaon, Tahsil Khamgaon,
District - Buldana.
3) The National Education Society,
Khamgaon, Regd.No.F-24,
through its Secretary,
Jinesh Rajendra Timbadiya,
R/o Balaji Plot, Tah. Khamgaon,
District Buldana. .... RESPONDENTS
2 wp214 & 6508.23
______________________________________________________________
Mr. C.R. Sharma, Counsel for the petitioners,
Mr. H.D. Marathe, AGP for respondent No.1,
Mr. G.L. Agrawal, Counsel for respondent No.2,
Mr. A.D. Bhate, Counsel for respondent No.3.
____________________________________________________________
WITH
WRIT PETITION NO. 6508 OF 2023
The National Education Society,
Khamgaon, Regd.No.F-24,
through its Secretary
Jinesh Rajendra Timbadiya,
R/o Balaji Plot, Tah. Khamgaon,
District Buldana. .... PETITIONER
VERSUS
1) Dinesh s/o Mahsukhlal Sanghvi,
Aged about 60 years, Occ.- Business,
Education Society having its Regd.
No.F-24, Tah. Khamgaon, District
Buldana, R/o Near Nagar Parishad
School No.6, Deshmukh Plot,
Khamgaon, Tq. Khamgaon,
District Buldana.
2) Manoj s/o Narayanji Nagada,
Aged about 55 years, Occ. - Business,
Secretary of National Education
Society, having its Regd.No.F-24,
Tah. Khamgaon, District - Buldana,
R/o 201, RK Sankul Ghatpuri Naka,
Khamgaon, Tq. Khamgaon,
District Buldana.
3) The Khamgaon Urban Cooperative
Bank Ltd., Khamgaon, through its
Bank Manager having office at
3 wp214 & 6508.23
Dhanwardhani Shriram Shaligram
Plot, Khamgaon, Tahsil Khamgaon,
District Buldana. .... RESPONDENTS
______________________________________________________________
Mr. A.D. Bhate, Counsel for the petitioner,
Mr. C.R. Sharma, Counsel for respondent No.1,
Mr. G.L. Agrawal, Counsel for respondent No.3.
____________________________________________________________
CORAM : A.S. CHANDURKAR
& ABHAY J. MANTRI, JJ.
DATED : 3rd NOVEMBER, 2023
ORAL JUDGMENT : (PER : A.S. CHANDURKAR, J.)
Rule. Rule made returnable forthwith. Since the challenge
in both the writ petitions is to the orders passed by the learned
Assistant Charity Commissioner in proceedings under Section 41-A of
the Maharashtra Public Trusts Act, 1950 (Act of 1950), the same have
been decided by common judgment.
2. In Writ Petition No. 214/2023 the petitioners had filed an
application under Section 41-A of the Act of 1950 praying therein that
the suitable arrangement be made to enable the petitioners to conduct
the affairs of the society. The proceedings were numbered as
Application No.1/2022. The petitioner in Writ Petition No. 6508/2023
filed similar application under Section 41-A of the Act of 1950 which
was numbered as Application No.2/2022. Both these applications were
decided on 19-10-2022. It was held by the learned Assistant Charity
4 wp214 & 6508.23
Commissioner that the facts of the case did not indicate any necessity to
issue any direction under Section 41-A of the Act of 1950. It was
further observed that the prayers made in the applications were beyond
the scope of Section 41-A of the Act of 1950.
3. Having heard the learned Counsel for the parties and
having perused the documents on record, we find that the learned
Assistant Charity Commissioner ought to have considered the prayers
made in both the applications on their own merit. The Division Bench
of this Court in Vanmala Manoharrao Kamdi and others v. Deputy
Charity Commissioner, Nagpur and others, 2012(3) Mh.L.J. 594 has
held in paragraph No.31 that the Charity Commissioner is empowered
to take such steps and exercise jurisdiction considering the need arising
in the matter of proper administration of the public trust. When the
averments in both the applications are considered, it is clear that the
petitioners were seeking issuance of direction to manage the affairs of
the trust since various change reports were pending. The impugned
orders do not indicate any consideration of the prayers on merit.
Merely by observing that such directions could not be issued, the
proceedings have been dismissed.
4. We find that reconsideration of both the applications is
5 wp214 & 6508.23
warranted in the light of the decision in Vanmala Manoharrao Kamdi
and others (supra).
5. For aforesaid reasons, the orders dated 19-10-2022 passed
in Application No.1/2022 as well as in Application No.2/2022 are set
aside. The proceedings are remanded to the learned Assistant Charity
Commissioner for reconsideration in accordance with law as well as the
law laid down in Vanmala Manoharrao Kamdi and others (supra). The
parties shall appear before the learned Assistant Charity Commissioner
on 01-12-2023. The proceedings be decided preferably within a period
of three months from the date of appearance of the parties. All points
raised in the applications are kept open for being raised before the
learned Assistant Charity Commissioner.
6. Rule made absolute in the aforesaid terms. No costs.
(ABHAY J. MANTRI, J.) (A.S. CHANDURKAR, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 04/11/2023 18:19:41
