A writ petition challenging the order allowing impleadment under Section 73A of the Maharashtra Public Trusts Act. The court held that the respondents had a sufficient interest by opposing the trust's registration and thus their impleadment was valid, dismissing the petition.
No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Ganesh Lokhande, PA 1/3 19-WP-978-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 978 OF 2020
Pradipkumar Gangaram Khopde .. Petitioner
vs. The Assistant Charity Commissioner-2, Pune Region & Ors. .. Respondents
Mr. Ojas Deolankar, for the Petitioner. Mr. P. P. Pujari, AGP, for Respondent Nos. 1 & 9. Mr. Rahul S. Kadam, for Respondent Nos. 2 to 8.
CORAM: SANDEEP V. MARNE, J.
DATE : 3rd OCTOBER, 2023.
P. C.:
Ganesh Lokhande, PA 2/3 19-WP-978-2020.doc
Application No. 2329 of 2016. Respondent Nos. 2 to 7 were opposed to registration of Trust and therefore filed Revision Application No. 1012 of 2019 before the Joint Charity Commissioner, Pune Region. The said Revision Application came to be rejected by order dated 15th January 2020. The aspect of registration of Trust has now attained finality. The Trustees thereafter filed Application under Section 50(A) (1) of the Act for approval of the scheme. In that Application, Respondent Nos. 2 to 7 filed Application for impleadment. Perusal of contents of the Application filed by Respondent Nos. 2 to 7 would indicate that they wanted to agitate the issue of registration of the Trust. That objection could obviously not be taken before the Assistant Registrar as the issue of registration of Trust has attained finality on account of decision of Revision Application No. 1012 of 2019 by the Joint Charity Commissioner by order dated 15th January 2020.
Ganesh Lokhande, PA 3/3 19-WP-978-2020.doc
Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:
2023.10.05
14:50:15
+0530
SANDEEP V. MARNE, J.
1 issue framed by the court
Whether the Assistant Charity Commissioner committed any error in allowing an application for impleadment under Section 73A by parties claiming an interest in the public trust.
2 provisions across 1 enactments
Pradipkumar Gangaram Khopde
The Assistant Charity Commissioner-2, Pune Region
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
