Partly allowed

Shivajirao Maruti Nalawade v. Shamsundar Madanlal Bangad and Ors.

Bombay HC4 Jan 2024WP/3471/2000

Case brief

AI extract

What is this about?

Writ petition challenging an Assistant Charity Commissioner's order under Section 41-A of the Maharashtra Public Trusts Act concerning trust fund collection oversight. Given the long pendency of change reports and the interim stay operating since 2000, the court set aside clause 2 directing an inspector to monitor Shravan month collections.

What did the court decide?

Clause 2 of the Assistant Charity Commissioner's order dated 04.08.2000 set aside; liberty reserved to aggrieved persons to move per law on misappropriation of trust funds.

Shivajirao Maruti Nalawade Vs Shamsundar Madanlal… — Writ and Judicial Review | Bombay HC (2024)

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2024:BHC-AUG:163

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1 226

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.3471 OF 2000

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Shivajirao s/o Maruti Nalawade
Age: 60 years, Occ: Agriculture
R/o: Yedashi, Tq. and Dist.
Osmanabad .. Petitioner

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(Orig. Res. No.1)

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Versus

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1. Shamsundar s/o Madanlal Bangad Age: Adult, Occ: Agriculture and Business, R/o: Osmanabad, Tq. and Dist. Osmanabad

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2. Gaibiraj s/o Suryabhan Anpat Age: 80 years, Occ: Ex Army man R/o: As above

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3. Babappa s/o Gangaramappa Sankale Age: Adult, Occ: Agriculture and Business, R/o: Latur, Tq. and Dist. Latur

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4. Vishwanath s/o Ramanappa Hurape Age: Adult, Occ: Business and R/o: Nanded, Tq. and Dist. Nanded

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5. Pralhad s/o Ramaji Magar Age: Adult, Occ: Business R/o: Latur, Tq. and Dist. Latur

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6. Padmakar Govind Walasankar Died

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7. Keshav Narhari Deokar Died

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8. Asstt. Charity Commissioner, Osmanabad Region, Osmanabad

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.. Respondents
( Res. No.1: Ori. Applicant, Res.
No.2 to 7: Ori. opponents)

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2 226

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Mr. S. V. Dixit h/f. Mr. V. J. Dixit
AGP for Respondent No.8: Mr. V. M. Chate

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CORAM:ARUN R. PEDNEKER, J.
DATE:04th JANUARY, 2024

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ORAL JUDGMENT:

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1. Heard.

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2.The petitioner challenges the order passed by the Assistant
Charity Commissioner, dated 04.08.2000, wherein the Assistant Charity
Commissioner was pleased to hold that the directions sought by the
applicant therein / respondent herein are vague. It is not proved by
applicant that, what type of hurdles were made by the opponent no.1 /
petitioner and it was also held that the prayer made in the application is
beyond the scope of section 41-A of the Maharashtra Public Trusts Act,
1950, as such, the application was rejected. However, in the interest of
Trust, the Assistant Charity Commissioner had passed the following
directions in clause 2, as under:

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“2.Inspector from Public Trusts Registration Office,
Osmanabad is deputed and directed to attend and control
the affairs regarding collections of funds on every Monday of
Shravan month and report after the festival is over.”

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3.The said directions issued by the Assistant Charity
Commissioner was stayed by the interim orders of this court dated
14.08.2000 and the interim order continued to operate till today.

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3 226

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Substantial period has gone by and the new bodies have taken over the
Trust.

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4.The Change Report No.557/99 and 3/2000 were subjudiced
before the said authority, as such, over the period of time new
management may have taken over. The directions contained in clause 2
above, in the order dated 04.08.2000, passed by the Assistant Charity
Commissioner may not hold good today and the same has also been
stayed by this court for a long period of time.

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5.In view of the same, clause 2 of the order dated 04.08.2000,
passed by the Assistant Charity Commissioner is set aside.

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6. However, liberty is reserved to any aggrieved person to move

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in accordance with law, in the event, it is found that the funds received
by the Trust are misappropriated / misutilised.

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7. Rule is partly made absolute in above terms.

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8. The writ petition is disposed of accordingly.

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 [ARUN R. PEDNEKER, J.]

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marathe

Shivajirao Maruti Nalawade v. Shamsundar Madanlal Bangad and Ors.

Case brief

What is this about?

What did the court decide?

Shivajirao Maruti Nalawade v. Shamsundar Madanlal Bangad and Ors.

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

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