Ganpat Puna Rathod And Others vs Assistant Chariy Commissioner And ...
2024 Latest Caselaw 25421 Bom

Bombay High Court

Ganpat Puna Rathod And Others vs Assistant Chariy Commissioner And ... on 4 September, 2024

2024:BHC-AUG:20717

                                                                              WP 8912/24
                                                 1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               913 WRIT PETITION NO. 8912 OF 2024

                              GANPAT PUNA RATHOD AND OTHERS
                                             VERSUS
                        ASSISTANT CHARIY COMMISSIONER AND OTHERS
                                                 ...
                         Advocate for the Petitioner : Mr. Murge Estling S.
                        AGP for Respondents 1 & 2 : Mrs. Mansi Ghanekar
                           Advocate for Respondent 3 : Mr. A.S. More
                                                 ...

                                CORAM        : ARUN R. PEDNEKER, J.

                                Dated        : September 04, 2024

            PER COURT :-

            1.    Heard the learned counsel for the parties.

2. The Joint Charity Commissioner, Latur Region, Latur (for short

'Jt.C.C.') has decided the Revision under section 70-A of the Maharashtra

Public Trust Act, 1950 bearing No. 43/2024 vide order dated 12.4.2024 and

quashed and set aside the the judgment and order dated 25.8.2023 passed

by the Assistant Charity Commissioner, Osmanabad (for short 'A.C.C.') in

Change Report Enquiry No. 365/2022.

3. The learned counsel for the petitioners submits that the petitioners

were made party in the the Change Report Enquiry No. 365/2022 before

Asst. Charity Commissioner, Osmanabad and that they were objectors, but

they were not made party before the Jt.C.C. and without making them

party, the proceedings before the Jt.C.C. were conducted. The learned

counsel for the petitioner submits that they are adversely affected by the

impugned order and they ought to have made party to the proceedings

before the Jt.C.C. Hence, the present writ petition is filed challenging the

impugned order passed by the Jt.C.C., Latur.

4. From the record, it appears that the petitioners were made party

before the A.C.C. and they should have been made party before the Jt.C.C.

In view of the above, the impugned order dated 12.4.2024 passed by the

Jt.C.C., Latur in Revision No. 43/2024 filed under section 70-A of the

Maharashtra Public Trust Act, 1950 is quashed and set aside. The matter is

remitted back to the Jt.C.C. for deciding afresh. The respondents herein

shall add the present petitioners as party respondents to the proceedings

filed before the Jt.C.C., Latur. The Jt.C.C., Latur, thereafter shall give

opportunity of hearing to the petitioners herein and decide the proceeding

under section 70-A initiated by the present respondents in accordance with

law.

5. With the above observations, the writ petition stands allowed and

disposed of.

( ARUN R. PEDNEKER, J. )

ssc/