1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5721 OF 2008 Mohd. Ayub s/o Abdul Majeed Khan age 42 years, occ. social work r/o Dawarwadi, Tq. Paithan Dist. Aurangbad. .. PETITIONER VERSUS 1 The Joint Charity Commissioner Aurangabad. 2 The Deputy Charity Commissioner, Aurangabad. 3 Rajkumar s/o Kishanrao Thete age 38 years, occ. service r/o nimgaon, Tq. Ashti Dist. Beed. 4 Smt. Meerabai Ambadas Chavan age 41 years, occ. household r/o Sanjay nagar, Aurangabad. 5 Smt. Shobha Nathu Gaikwad age 39 years, occ. service r/o Adgaon, Tq. Kannad Dist. Aurangabad. 6 Tulshidas s/o Sheshrao Raut age 44 years, occ. agriculture r/o Dahegaon, Tq. Kannad Dist. Aurangabad 7 Bholenath s/o Pundlikrao Aute (Deleted vide court order dt. 19-11-2008) 2 8 Baburao s/o Bhagaji Pandit age 42 years, occ. service r/o Mondha Sillod Tq. Sillod, Dist. Aurangabad. .. RESPONDENTS Mr. F.R. Tandale, Advocate for the petitioner. Mr. N.H. Borade, AGP for the State Mr. S.G. Nagode, Advocate for respondent nos. 3, 4 and 5. Mr. R.L. Joshi, Advocate for respondent nos. 6 and 8. Respondent no. 7 deleted. ===== CORAM : R. M. BORDE, J. DATE : 3 rd November, 2009 ORAL JUDGMENT : 1 Rule. Rule made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal at admission stage. 2 Petitioner in this petition is raising exception to the order passed by the Deputy Charity Commissioner, Aurangabad on 22-8-2008 in Misc. Application no. 1031/2008. 3 Respondents herein presented application seeking approval for change which came to be registered as Enquiry 202/2003 under section 22 of the Bombay Public Trust Act and the said application is pending for final 3 disposal. Petitioner herein is one of the respondents in the application presented before the Deputy Charity Commissioner. According to the respondents, there occurred change in the constitution of the Managing Committee of the trust which has been reported to the Deputy Charity Commissioner. Stand taken by the petitioner herein is that he is holding the office and is incharge of the management of the trust. Elections were already held in January 2004 and fresh elections were due in 2009, considering the term of managing committee to be 5 years as per the provisions of the constitution of the trust. Petitioner herein therefore presented application to the Deputy Charity Commissioner raising objection to the entertainability of the proceeding presented by the respondents under section 22 of the Bombay Public Trust Act. According to the petitioner, the elections were infact not due and those have not at all been held and merely record in respect of holding of election has been created and on the basis of such fabricated record change report is presented by the respondents. According to the petitioner, the proceedings are not entertainable and as such the petitioner requests the Deputy Charity Commissioner to frame preliminary point in respect of maintainability of the proceedings. Application presented by the petitioner herein was opposed by resp. by filing say. Learned Deputy Charity Commissioner after extending 4 opportunity of hearing to all the parties concerned, rejected the application presented by the petitioner, in view of order passed on 22-8-2008. 4 Order passed by the Deputy Charity Commissioner was subjected to challenge before the Jt. Charity Commissioner by presenting appeal by the petitioner. However, the Jt. Charity Commissioner has dismissed the appeal holding that the same is not entertainable. The view adopted by the Jt. Charity Commissioner cannot be said to be erroneous. However, as the issue is raised in the writ petition, the same is required to be dealt with in supervisory jurisdiction exercisable by this court under Article 227 of the Constitution of India. 5 On perusal of the order it appears that the Deputy Charity Commissioner has not applied his mind to the record of the case and ha not dealt with the arguments advanced by the petitioner. It is necessary for the Deputy Charity Commissioner to consider the objection raised by the petitioner in its proper perspective and deal with all the objections raised. Order passed by the Deputy Charity Commissioner is cryptic and the reasons recorded are not satisfactory. In these circumstances, it is desirable to direct the Deputy Charity Commissioner to decide the issue as regards 5 maintainability as raised by the petitioner herein, while deciding the main proceeding. Order passed by the Deputy Charity Commissioner, Aurangabad on 22-8-2008 therefore will have to be quashed and set aside and the Deputy Charity Commissioner shall deal with the issue raised by the petitioner herein in view of application presented by him on 22-7-2008 while dealing with the main proceedings which are presented by the respondents / trustees under section 22 of the Bombay Public Trust Act. No further orders are required to be passed in the matter. Rule is accordingly made absolute. No costs. ( R. M. BORDE, J.) dyb/office/wp5721.08.odt