PRAFUL K DESAI Vs. ASSISTANT CHARITY COMMISSIONER

JUDGEMENT

(1.) THE present Special Civil Application is filed being aggrieved by an order passed below Exhibits 52, 40, 35, 36 and 34 filed in Change Reports No. 309 to 313 of 2003 by the learned Assistant Charity Commissioner, Vadodara dated 13th July 2007, against which an appeal was preferred under section 70 before the learned In-charge Joint Charity Commissioner, Vadodara, which was dismissed.

(2.) THE appeal was not entertained on the ground that the order condoning the delay does not fall within the purview of section 70 of the Bombay Public Trusts Act, 1950. A copy of which is produced at page 31. It is to be noted that there is no specific prayer for quashing of the order of the learned In-charge Joint Charity Commissioner, Vadodara. The Court finds no substance in the petition.

(3.) THE party in person submitted that the appeal was filed under section 70 of the Bombay Public Trust Act, 1950 as this Court had observed at the time of hearing of an earlier petition, i. e. Special Civil Application No. 7397 of 2005 that an appeal may be filed against the order of the the learned Assistant Charity Commissioner. The question which arises before this Court is as to whether the order passed by the learned Assistant Charity Commissioner condoning the delay warrants an interference at the hands of this Court or not. Party in Person, Mr. Praful K. Desai invited attention of the Court to the order passed by the learned Assistant Charity Commissioner and submitted that the learned Assistant Charity Commissioner has erred in condoning the delay. The party in person also submitted that the learned Assistant Charity Commissioner has failed to appreciate the decision of the Bombay High Court in the matter of B. J. Wahane and another Vs. Kamlesh Gangaram Kanoje, reported in 1997 (2) Maharashtra Law Journal 158, in true perspective, a xerox copy of which is made available.