Geeta Ranjit Kapadia And Ors vs The Ld Charity Commissioner And ...
2023 Latest Caselaw 9183 Bom

2023:BHC-AS:25390
                                                                                        929 WP 2858.23.doc


                    Dusane

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.2858 OF 2023


                    Geeta Ranjit Kapadia & Ors.                        ...Petitioners

                            V/s.
                    The Charity Commissioner & Anr.                    ...Respondents


                    Mr. Gauraj Shah i/by Ashni Desai for Petitioners.
                    Mr. P.G. Sawant, AGP for State.

                                                     CORAM: MADHAV J. JAMDAR, J.

DATE: 1st September 2023

P.C.:

1. Heard Mr. Shah, learned Counsel appearing for the

Petitioners and Mr. Sawant, learned AGP appearing for

Respondent Nos. 1 and 2.

2. The Petitioners, by the present Writ Petition filed under

Article 227 of the Constitution of India are inter alia challenging

legality and validity of the order dated 9th December 2022

passed by the learned Deputy Charity Commissioner, Public Trust

Registration Office, Greater Mumbai Region, Mumbai passed in

Miscellaneous Application No.ACC/V/69/2019. The said

application was filed under Section 22 of the Maharashtra Public

Trusts Act, 1950 and in consonance with the scheme of the

Petitioner No.4-Trust. The Petitioner No.1 is the sole surviving

929 WP 2858.23.doc

Trustee and the Petitioner Nos. 2 and 3 are the proposed

Trustees.

3. It is the contention of Mr. Gauraj Shah, learned Counsel

appearing for the Petitioners that the entire procedure for

appointment of a new trustee has been followed including

publication of public notice in three newspapers i.e. Business

Standard (English), Aaple Mahanagar (Marathi) and Divya

Bhaskar (Gujarati). He states that the impugned order has been

passed on the assumption that the advertisement is not

published in Gujarati newspaper.

4. It is further stated in paragraph 15 of the impugned order

that "Clause No. 8 of the Scheme specifically provides for the

appointment of the trustees from the Gujarati community only

and therefore, it is mandatory for the Petitioner to publish a

public notice in Gujarathi newspaper having wide circulation and

preferably after getting the translation of the public notice from

English to Gujarathi".

5. It appears that the fact that the notice has been published

in Gujarati newspaper is not pointed out to the learned Charity

Commissioner, who has passed the impugned order dated 9th

December 2022.

6. It is the contention of Mr. Shah that the draft of the public

notice was finalised by the Superintendent (J), Public Trust

929 WP 2858.23.doc

Registration Office, Greater Mumbai Region, Mumbai. Mr. Shah

states that if the direction would have been issued by the

Deputy Charity Commissioner, then fresh notice could have been

issued in Gujarathi newspaper. He submits that the draft was

finalised by the Superintendent (J) and as per the said final

draft, public notice was issued. He further submits that various

directions issued by the Deputy Charity Commissioner are

beyond the scope of inquiry under Section 22 of the Maharashtra

Public Trusts Act, 1950.

7. Learned AGP has supported the impugned order.

8. However, perusal of the impugned order shows that the

fact that the advertisement has been issued in Gujarathi

newspaper is not brought to the notice of the learned Deputy

Charity Commissioner. The submission of Mr. Shah is that if the

learned Charity Commissioner directs to issue the notice in

Gujarati language, then the Petitioners are ready to comply with

the same.

9. In view of above submissions, the impugned judgment and

order dated 9th December 2022 passed by the learned Deputy

Charity Commissioner, Public Trust Registration office, Greater

Mumbai, in Miscellaneous Application No. ACC/V/ 69/2019 is

quashed and set aside. The said Miscellaneous Application is

restored to the file of learned Deputy Charity Commissioner.

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10. As the said Miscellaneous Application is pending since

2019, the learned Deputy Charity Commissioner is requested to

dispose of the same expeditiously.

11. The Writ Petition is disposed of in above terms with no

order as to costs.

(MADHAV J. JAMDAR, J.)