Disposed

Sushilabai Dattatray Patil and Others v. the State of Maharashtra and Others

Bombay HC24 Feb 2015WP/528/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning management disputes in a trust between blood relatives. It modified interim directions allowing expenditure only for staff salaries and food, mandated monthly account tenders, and directed the Charity Commissioner to decide pending applications within six months.

What did the court decide?

Interim arrangements modified to restrict expenditure to salaries and food; Charity Commissioner directed to decide pending change reports within six months.

Sushilabai Dattatray Patil and Others Vs the… — Civil Procedure and Limitation | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.528 OF 2015

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Sushilabai Dattatray Patil and others

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Petitioners

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Versus

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The State of Maharashtra and others

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Respondents

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Mr. S.P. Brahme advocate for the petitioners Mrs. A.V. Gondhalekar, AGP for Respondent State Mr. V.D. Hon Sr. advocate for respondent No.5 Mr. Amol Sawant advocate for respondent Nos. 14, 16 & 17

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CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 24^th February, 2015.

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PER COURT :-

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1 There are disputes in respect of management of the trust between the petitioners and the respondents. The sad feature is that, the petitioners and respondents are blood relations in the sense, petitioner No.1 is the mother of respondent No.5. This aspect, in our view, shall be looked into by the Director of Education and in the event of noticing any maladministration, the Director shall invoke his jurisdiction.

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2 In the instant petition, the order under challenge is referable to a direction issued by the Assistant Charity Commissioner No.1,

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Dhule Region, Dhule, on 1.1.2015 authorizing group of respondents to manage the financial affairs of the trust. It is not a matter of dispute that, application for change report is pending consideration before the Assistant Charity Commissioner. In the facts and circumstances of the case, in modification of the directions issued by the Assistant Charity Commissioner, we pass following order:-

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a) The respondent Secretary on record Mr. Manohar Datttray Bhadane and respective Heads of the Educational Institutions i.e. Principal, Head Master of the institutions run by the trust shall be authorized to incur expenditure only for the purpose of payment of salaries of the members of the staff.

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b) It would be open for the respondents to claim expenses for providing nutritious food to the students and the accounts in that regard shall be tendered to the Assistant Charity Commissioner every months.

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c) The aforesaid office bearers shall not incur expenses for any other purpose.

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d) The interim arrangement as referred to above shall remain operative until disposal of the change reports by the Assistant Charity Commissioner.

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e) The Assistant Charity Commissioner is directed to decide the pending change report Nos.322/14,

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596/14 and 597/14 as expeditiously as possible and preferably within a period of six months.

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f) Interim arrangement shall not clothe the office bearers to claim any entitlement in future proceedings.

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g) The office bearers referred to above shall tender a financial statement/accounts to the Assistant Charity Commissioner at the end of every month.

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3 In view of above, writ petition stands disposed of.

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4 Pending civil applications do not survive and stand disposed of.

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(P.R. BORA, J) (R.M.BORDE, J)

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vbd

Sushilabai Dattatray Patil and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sushilabai Dattatray Patil and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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