R. M. Savant, J. - (1.) Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.
(2.) The writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India is invoked against the order dated 13/9/2013 passed by the learned Joint Charity Commissioner, Pune Division, Pune by which order the Application No.5 of 2009 filed under Section 36(2) of the Bombay Public Trusts Act (herein after referred to as the said Act) came to be allowed and resultantly the permission granted by the Joint Charity Commissioner under Section 36(1)(b) of the said Act came to be revoked.
(3.) The facts giving rise to the above Petition can be stated thus : The property in question which was the subject matter of the permission granted under Section 36(1)(b) of the said Act belongs to the public trust known as Dhakata Shaikh Salla Durgah which was registered as such under the said Act in the year 1952. By the judgment rendered in Appeal No. 539 of 1957 the mode of succession of the trustees was prescribed and the father of the Respondent No.2 herein was to be entrusted with the administration and management of the said trust. The property in question is the land admeasuring 2862.1 sq.mts in New Mangalwar Peth, Pune. It appears that Change Report No.168 of 1964 came to be accepted by the Charity Commissioner as a consequence of which one Moinuddin Peerzade, the father of Respondent No.2 was appointed as the Managing Trustee of the trust. In so far as the property in question which is the land admeasuring 2862.1 sq.mtrs is concerned, the entire land was tenanted since 1932. It appears that the proceedings were initiated against the trustees in the year 1976 under Section 41D of the said Act being Application No.14 of 1976. In the said proceedings the trustees were suspended and an advocate by name Shri Y A Shaikh was appointed as a fit person to take charge of the affairs of the trust. It appears that inspite of his appointment, the said advocate Shri Y A Shaikh never took charge of the affairs of the trust. The order of suspending the trustees was challenged by the said Moinuddin Peerzade in a suit filed by him in personam, in which suit the order of suspension came to be stayed only qua the said Moinuddin Peerzade as a consequence of which he continued to manage the affairs of the trust as a Managing Trustee. The said stay continued to operate till 10/1/1990. It appears that advocate Shri Y A Shaikh, who was appointed as a fit person, made an application to the Charity Commissioner stating that he has not taken charge of the affairs of the trust. On 12/1/1991 the said Moinudding Peerzade died. Since the mode of succession was hereditary and as a consequence of which only members of the Peerzade family could be appointed as trustees and only the eldest member of the eldest branch of the family could be appointed as the principal manager of the trust, the Respondent No.2Giyasuddin Moinuddin Peerzade filed Change Report No.403 of 1991 thereby applying to be appointed as the principal manager of the trust after the death of his father Moinuddin Peerzade. The said Change Report No.403 of 1991 was filed along with the order dated 27/8/1976 by which the trustees were suspended and by which order the advocate Shri Y A Shaikh had been appointed as a fit person.;