1 W.P.2803.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2803 OF 2011 Shri Jai Durga Bhavani Krida Mandal, Mehrun,Jalgaon,Through its President Shri Sunil S/o Supdu Mahajan,Age: 31 years, Occup. Service,R/o Vitthal Mandir Chowk, Mehrun, Jalgaon. ...PETITIONER VERSUS The State of Maharashtra, ...RESPONDENT ... Mr.S.B.Yawalkar,Advocate for petitioner. Mr.D.R.Kale,A.G.P. for respondent-State. ... CORAM: S.S. SHINDE, J. DATE : 17TH AUGUST, 2011 PER COURT: 1. This Writ Petition challenges the order dated 15.10.2010, passed in Application No.07 of 2010 by the Joint Charity Commissioner, Nashik Region, Nashik, dismissing the application under section 36(A)(3) of the Bombay Public Trust Act. 2. Mr.Yawalkar, learned counsel appearing for petitioner submits that there is no discussion or 2 W.P.2803.11 any observation about the case of the petitioner that funds are necessary for construction of building for library, computer hall, seminar hall etc. The order is totally silent about the needs, though the petitioner has to fulfill certain norms and for the purpose of library and computer rooms and other things are necessary, however, the Joint Charity Commissioner has not addressed those issues and by cryptic reason, application of the petitioner is rejected. Therefore, learned counsel appearing for petitioner submits that this petition may be allowed. 3. Mr. Kale,learned AGP invited my attention to para No.9 of the impugned order and submitted that after perusal of the audited accounts for the year 31.03.2009 (Exh.19), 31.03.2008 and 31.03.2007 respectively, the Chartered Accountant passed the remarks against the petitioner, therefore, the Joint Charity Commissioner has rightly rejected the application of the petitioner, therefore, this Court would not entertain the petition. 3 W.P.2803.11 4. I have gone through the impugned judgment and order and given due consideration to the submissions made by the learned counsel appearing for the petitioner and learned AGP. In para No.5 of the impugned Judgment, the Joint Charity Commissioner has observed that the application suffers from non-joinder of necessary parties, and on the said point itself the application is liable to be dismissed. 5. Apart from this, para No.9 of the Judgment of the Joint Charity Commissioner, Nashik reads thus. 9. After perusing audited accounts for the years 31.03.2009 (Exh.19), 31.03.2008 (Exh.20), and 31.03.2007 respectively. The chartered Accountant passed the remarks which runs as: 1) The Trust Has Not obtained permission For taking Anamat From Trustee And General Public. 4 W.P.2803.11 2) The Trust Operate 3 Bank Accounts as IDBI, Vijay Bank, Federal Bank. 3) Many Transaction Has Not Taken Through Bank. 4) Many Vouchers Of Construction As Home Vouchers. 5) Balance Confirmation Certificate of Bank Has Not available on the time of Audit. 6) Consolidated Statements Has Enclosed Account With Audit. It is shocking to note that deposits were collected from the trustees and general public. But no previous permission of the Charity Commissioner is obtained by the trustees. It is further shocking to note that many of the transactions has not taken through the bank 5 W.P.2803.11 through the trust operates 3 bank accounts in different banks known as IDBI Bank. Bijayu Bank and Federal Bank. So also many vouchers of the constructions are doubtful as those are home vouchers.” . Therefore, in the light of para No.9, application filed by the petitioner is rightly rejected. Perusal of the impugned Judgment and order shows that the Joint Charity Commissioner, Nashik, while rejecting the application has taken into consideration all relevant factors. 6. Therefore, in my opinion, the Joint Charity Commissioner has rightly rejected the application filed by the petitioner, so no case is made out to exercise extra ordinary jurisdiction, hence petition stands dismissed. Sd/- [S.S. SHINDE, J.] MTK