GOVIND S/O BALIRAM MUGLE Vs. GOVIND S/O NARSINGRAO KUNALE
LAWS(BOM)-2017-12-35
HIGH COURT OF BOMBAY
Decided on December 15,2017

Govind S/O Baliram Mugle Appellant
VERSUS
Govind S/O Narsingrao Kunale Respondents

JUDGEMENT

K.K.SONAWANE,J. - (1.) This is an first appeal filed under section 72(4) of the Maharashtra Public Trust Act, 1950 (for short "Act of 1950") by the appellants to agitate validity and legality of the findings expressed by the learned Assistant Charity Commissioner, Latur ( for short "ACC") in the Inquiry of change report No. 313 of 1997 under section 22 of the Act of 1950. The Principal District Judge, Latur after exercising the powers under section 72 of the Act of 1950 upset the findings of the learned Joint Charity Commissioner, Latur (for short "JCC") in revision No. 17 of 2004 and restore the decision of learned ACC under section 22 of the Act of 1950. Being aggrieved by the judgment and order of the Principal District Judge for restoration of status-quo ante in regard to change report No. 313 of 1997, the appellants preferred the present appeal to redress their grievance.
(2.) The genesis of the appeal culled out in brief is that, the present appellants were the members of Educational Institution known as "Jaihind Shikshan Sanstha," Halgara, Ta. Nilganga, District Latur ( for short '' Trust"). The institution was registered as Trust under the Act of 1950 bearing No. F-1386-Latur. The appellants were the President and Executive President of the alleged Institution/Trust prior to year 1997. But, in the General Body Meeting of the Trust held on 19-01-2017 the membership of four Office bearers/trustees including appellants came to be terminated and other four persons were inducted as new members of the Trust. The change occurred in the list of members of the Trust was reported to the learned ACC under section 22 of the Act of 1950. In order to ascertain the validity of change occurred, the learned ACC carried out the inquiry bearing No. 313 of 1997. In response to notices of inquiry the appellants appeared before learned ACC and denied the occurrence of any such change as alleged on behalf of Trust. After considering submissions on behalf of both sides, the learned ACC accepted the change report and directed for requisite amendment in the scheduled-I of the Trust.
(3.) The appellants-opponents did not satisfy with the findings of learned ACC for acceptance of change occurred relating to membership of alleged Educational Trust. In the result, appellants - opponents approached to learned JCC under section 70(A) of the Act of 1950 for exercising revisional jurisdiction to set aside and quash impugned order of learned ACC passed under section 22 of Act of 1950. The learned JCC after hearing came across with some sort of perversity in the findings of ACC and consequently, allowed the revision application. The impugned order of learned ACC accepting alleged change in the list of members of the Trust came to be set aside and quashed. However, then verdict of learned JCC passed in the revision application was put in controversy under section 72(1) of the Act of 1950. The Principal District Judge, Latur dealt with the rival submissions and proceeded to upset the findings of learned JCC and consequently restored the findings expressed by learned ACC passed under section 22 of the Act of 1950. But, the litigation did not came to an end. The appellants rushed to this Court by resorting to remedy under section 72(4) of the Act of 1950 and preferred the present first appeal to redress their grievance about validity and legality of the impugned order of learned ACC for accepting the change occurred in the list of membership of Educational Institution in this case.;


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