Dismissed

Majlis Madarsa-E-Islamia Society Thr. Joint Secretary Dastageer Ahmad S/O. Salim Ahmad and Others v. the State of Maharashtra Thr. Secretary Home Department Mantralaya Mumbai and Others

Bombay HC6 Jan 2020WP/1177/2017

Case brief

AI extract

What is this about?

This Court directed the Deputy Charity Commissioner to decide a pending Change Report within three months. It also ordered action regarding Society elections under Section 41 of the Maharashtra Public Trusts Act and granted liberty for relief application.

What did the court decide?

Directed Deputy Charity Commissioner to decide Change Report within three months; directed to take action on Society elections; liberty granted to seek removal of seals.

Majlis Madarsa-E-Islamia Society Thr. Joint Secretary… — Company and Corporate | Bombay HC (2020)

¶1

1 wp1177.17.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.

¶3

Criminal Writ Petition No.1177/2017 Majlis Madarsa-E-Islamia Society and others Vs. The State of Maharashtra and others.

¶4

Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order

¶5

Shri V.K. Paliwal, Advocate for the petitioners.
Shri A.V. Palshikar, APP for respondent nos.1 to 4.

¶6

Shri Gopal Sharma, Advocate holding for Shri S.D.Abhyankar, Advocate for
respondent no.5.

¶7

Shri B.G.Kulkarni, Advocate for respondent nos. 6 to 11.

¶8

CORAM:- SUNIL B. SHUKRE AND

¶9

MILIND N. JADHAV, JJ.

¶10

DATED:- 06/01/2020.

¶11

Heard.

¶12

2.The order passed by this Court on 29.3.2019
gives sufficient indication of the solution that could
be found out for resolving the dispute involved in
this petition. The dispute is between the petitioners
on the one hand and respondent no.5 on the other
and it is about the power and authority to carry out
the affairs of the society. Change Report
No.306/2012 is already pending for decision before
the Deputy Charity Commissioner. This Court, on
29.3.2019, also directed the Deputy Charity
Commissioner to decide the Change Report within
three months, considering the fact that the decision
that would be rendered in respect of this Change
Report would resolve the controversy involved in

¶13

2 wp1177.17.odt

¶14

this petition. However, learned Deputy Charity
Commissioner has not complied with this order. We
once again direct the Deputy Charity Commissioner
to decide the Change Report No.306/2012 in
accordance with law, within a period of three
months from the date of order, failing which this
Court shall initiate appropriate action against those
responsible for not complying with this order. We
further direct the Deputy Charity Commissioner to
take appropriate action in the matter, if the
elections are due to be held to the office of the
Society, in the light of the Application
No.1278/2019 filed under Section 41 of the
Maharashtra Public Trusts Act, 1950.

¶15

3.Liberty is granted to the petitioners to move
an application before the Deputy Charity
Commissioner seeking removal of the seals and
other incidental reliefs, considering the fact that the
petitioners have been permitted to run the affairs of
the society.

¶16

4. Disposed of accordingly.

¶17

JUDGE JUDGE

¶18

Ambulkar

Majlis Madarsa-E-Islamia Society Thr. Joint Secretary Dastageer Ahmad S/O. Salim Ahmad and Others v. the State of Maharashtra Thr. Secretary Home Department Mantralaya Mumbai and Others

Case brief

What is this about?

What did the court decide?

Majlis Madarsa-E-Islamia Society Thr. Joint Secretary Dastageer Ahmad S/O. Salim Ahmad and Others v. the State of Maharashtra Thr. Secretary Home Department Mantralaya Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahendrakumar Mahavirprasad Sharma Vs the State of Maharashtra, through Secretary, Urban Development Department, Mumbai and Others

Mr. Sanyasi Raju Venkata Surya Yerramilli and Another Vs the Shikshak Sahakari Bank Limited, Nagpur

The Majlis-E-Madarsa-E-Saifiya through President Anwar Khan Wahed Khan and Another Vs the State of Maha. Thr. Principal Secretary, Skill Development and Entrepreneurship Dept. and Other

Pritam S/O. Raybhau Raut Vs the Sub Divisional Officer Chandur Railway Dist. Amravati and Another

Ekanath S/O Ganeshrao Suryavanshi and Another Vs Forest Development Corporation of Maharashtra Ltd. Nagpur Thr Chief General Managar and Others

Sanjay S/O Namdeo Kumbhare Vs State of Maharashtra, through Secretary, Social Welfare Dept. and Others