IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.4217 OF 1993. WRIT PETITION NO.4217 OF 1993. WRIT PETITION NO.4217 OF 1993. Shri Krishna Bango Patil ..Petitioner. Vs. The State of Maharashtra & Ors ..Respondents. Mr Amol Mhatre i/b P. K. Dhakephalkar, Advocate for the Petitioner. Mr A. H. Palekar, A.G.P. for Respondent Nos. 1 to 3. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 19th January,2009. DATED: 19th January,2009. DATED: 19th January,2009. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard the learned counsel for the Petitioner and the learned counsel for the Respondents. Perused petition. 2. This petition is directed against the order dated 19.9.1991 passed by the Joint District Judge, Thane in Misc. Application No. 183 of 1990 discharging the old Board of Trustees and appointing new Trustees of a Charitable Trust, namely, "Shri Vajreshwari Yogini Devi Sansthan". Shri Hemendragiri Wamangiri as hereditary trustee, resident of Bhiwandi, District Thane. 3. The learned counsel for the Petitioner has filed this petition under Article 227 of the Constitution of India to challenge the appointment of Shri Hemendra Gosavi referred herein as a related trustee contending that Wamangiri Gosavi did not leave any legal male heir as such the appointment of the person Shri Hemendra Gosavi is in breach of clause (6) of the Scheme for Management and Administration of Shri Vajreshwari Yoginidevi Public Trust at Vajreshwari, Vasai Road, Taluka Bhiwandi, District Thane. Clause (6) of the said Scheme reads as under: "The number of trustees shall not be less than three or more than five. Provided that one of the family of the late Shri Wamangiri Baliramgiri and in the absence of such lineal major made decendent any other major person from his family (male or female) as the court may appoint till such lineal major male defendant is available to act as a trustee." 4. The learned counsel for the Petitioner in the above backdrop submits that appointment of Shri Hemendragiri as hereditary trustee is bad and illegal and liable to be quashed and set aside. The learned counsel for the Respondents brought to my notice the affidavit filed by Shri Hemendragiri Gosavi on record along with a registered adoption deed dated 7.1.1964 which demonstrates that Smt. Yashodabai Wamangiri Gosavi has adopted him as her son after the death of her husband. The validity of an adoption deed is not a subject matter of challenge in this petition. On the face of the registered document, showing adoption and a invitation card inviting the invitees to the adoption ceremony, prima facie demonstrates that Shri Hemendragiri Gosavi is an adopted son of Smt Yashodabai Wamangiri Gosavi. Consequently, he was rightly appointed as hereditary trustee by the impugned order. 5. In the above view of the matter, no case is made out to set aside his appointment. No other contention is raised. Petition is devoid of any substance. Same is dismissed. Rule is discharged with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)