Disposed

Mahatram Phule Shikshan Prasarak Mandal Thr Its President Shambhau Dhondiba Raut v. the State of Maharashtra Thr Secretary and Others

Bombay HC1 Feb 2022WP/7917/2021

Case brief

AI extract

What is this about?

A three-judge bench disposed of a writ petition concerning interim control of a trust. The court found the communication legal as elections were pending due to a substantive appeal and dissolved petition by granting liberty to pursue it.

What did the court decide?

Disposed off by granting liberty to petitioner to pursue the said Second Appeal.

Mahatram Phule Shikshan Prasarak Mandal Thr Its… — Education and Admissions | Bombay HC (2022)

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929WP7917.21

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

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WRIT PETITION NO. 7917 OF 2021

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Mahatma Phule Shikshan Prasarak Mandal
Through its President Shambhau Dhondiba Raut

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….Petitioner

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 Versus

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The State of Maharashtra and Others….Respondents

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Advocate for Petitioner : Mrs. Anjali Dube (Bajpai)
AGP for Respondent Nos. 1 to 3 : Mr. S.R. Yadav-Lonikar

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CORAM : A.S. GADKARI & S. G. MEHARE, JJ.

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DATE : 01.02.2022

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P.C. :-

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1.There was dispute about having control over the Mahatma Phule
Shikshan Prasarak Mandal, Kanadi (Mali), Taluka Kaij, District Beed.
While disposing of the Miscellaneous Civil Application No. 58/2013, in

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paragraph Nos. 2 and 3 of operative part of Order dated 18.09.2014,
the learned District Judge-3, Ambejogai, has directed as under :-

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“2. Assistant Charity Commissioner shall appoint responsible officer from his office to act as election officer,

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929WP7917.21

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who shall conduct the election of the trust in accordance
with by laws of the constitution of the trust, within two
months from receipt of record and proceeding. In the mean
while existing body shall act as interim body and run trust as
well as school in consultation with Joint Charity
Commissioner, Latur.

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3.They shall not take any major policy decisions or
financial decisions until election are held and new body
takes over charge.”

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2.A substantive Second Appeal arising from the said Order dated
18.09.2014, is pending for adjudication before this Court. As of today,

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in furtherance of Order dated 18.09.2014, the petitioner has been
appointed as ‘interim body’ to run the trust as well as school in
consultation with Joint Charity Commissioner. It is an admitted fact of
record that, till today the elections of said trust could not be conducted
as the substantive Second Appeal is pending before this Court.

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3.In view of the aforestated facts, we find that, the impugned
communication dated 31.12.2019, issued by respondent No. 3 is in
conformity with the provisions of law and is proper. We find no
perversity in the said communication. The petitioner instead of availing
the remedy of pursuing the said Second Appeal has filed the present

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petition at interlocutory stage.

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929WP7917.21

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4.In view thereof, the present Writ petition is disposed off by
granting liberty to petitioner to pursue the said Second Appeal, if
permissible under the law.

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( S. G. MEHARE, J. ) ( A.S. Gadkari, J. )

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SPC

Mahatram Phule Shikshan Prasarak Mandal Thr Its President Shambhau Dhondiba Raut v. the State of Maharashtra Thr Secretary and Others

Case brief

What is this about?

What did the court decide?

Mahatram Phule Shikshan Prasarak Mandal Thr Its President Shambhau Dhondiba Raut v. the State of Maharashtra Thr Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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