Bombay High Court
R. Sundaram S/O P.K. Ramchandra Iyer And ... vs The Learned Joint Charity, ... on 30 September, 2021
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6764 OF 2019
R. Sundaram S/o P.K.Ramchandra Iyer and others
-Vs.-
The Learned Joint Charity Commissioner, Nagpur
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.A.P.Thakare, counsel for the petitioners.
Ms Tajwar Khan, AGP for the respondent.
CORAM : AVINASH G. GHAROTE, J.
DATE : 30.09.2021 Heard Mr.Thakare, learned counsel for the petitioners.
2. The petition challenges the order passed by the learned Joint Charity Commissioner, Nagpur whereby the application filed by the petitioners under section 47 of the Maharashtra Public Trusts Act, 1950 has been rejected.
3. A perusal of the prayer clause in the application indicates, that the petitioners are seeking their own appointments as trustees to the trust with the designations as claimed to have been assumed by them as indicated in the cause title. Such a relief, is clearly not permissible considering the language of section 47 of the Maharashtra Public Trusts Act as in case the relief is granted, it would mean acceptance of the petitioners being elected to the posts which they claim to hold as indicated in the cause title of the application. The application therefore has rightly been rejected.
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4. Hence, the petition is dismissed. No costs.
5. Needless to say, that in case any person interested files an appropriate application under section 47 of the Maharashtra Public Trusts Act, the same shall be considered by the learned Charity Commissioner on its own merits.
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