1 wp 4885.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4885 OF 2010 1. Abasaheb Pandharinath Nikam, Age : 52 Years, Occu. : Agril., Secretary, Jai Tulja Bhavani Shikshan Prasarak Mandal, Chalisgaon, R/o Dhamangaon, Tq. Chalisgaon District Jalgaon. 2. Tayasaheb Pandharinath Nikam (Chairman) Age : 60 Years, Occu. : Agril., R/o 295, "Payas" Bhadgaon Road Chalisgaon Dist Jalgaon. 3. Sharad Murlidhar Deshmukh (Trustee) Age : Major, Occu.: Business, R/o Chalisgaon, Dist Jalgaon 4. Dadasaheb Valmikrao Deshmukh (Trustee) Age : Major, Occu. : Agril., R/o Daregaon, Tq Chalisgaon, Dist Jalgaon. 5. Shehaprabha Chandrakant Shitole (Trustee) Age : Major, Occu. : Household, R/o Shirud, Tq Shahada, Dist Dhule 5. Malojirao Buvasaheb (Trustee) Age : Major, Occu. : Agril., R/o Ranale, Tq. & Dist Nandurbar. 2 wp 4885.10 6. Divanrao Rangrao Jadhav (Trustee) Age : Major, Occu. : Agril., R/o Jamdhari, Tq Nandgaon Dist Dhule. .. .. Petitioners Versus 1. Sadashiv Waman Patil, Age : 70 Years, Occu. : Agril./Advocate, R/o Londhe, Tq. Chalisgaon Dist. Jalgaon. 2. Sahebrao Dhyandeo Patil Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 3. Bhayasaheb Bajirao Patil Age : Major, Occu. : Agril., R/o Daregaon, Tq. Chalisgaon, Dist Jalgaon. 4. Kisan Sonu Bhosale Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 5. Madhavrao Damnu Nikam Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 3 wp 4885.10 6. Govind Maharu Bhosle Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 7. Thansing Hilal Bhosle Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 8. Prabhakar Madhavrao Bhosale Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 9. Tukaram Pundlik Bhosle Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 10. Gulabrao Vamanrao Bhosle Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 11. Babulal Fakirchand Jat Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 12. Nilkhant Hansraj Nikam Age : Major, Occu. : Agril., R/o. Londhe, Tq. Chalisgaon, Dist Jalgaon. 4 wp 4885.10 13. Gorakh Hansraj Nikam Age : Major, Occu. : Agril., R/o. Dhamangaon, Tq. Chalisgaon, Dist Jalgaon. 14. Joint Charity Commissioner 15. Barku Shivaji Pagare (Dead) 16. Smt. Malti Shivajirao Shelke (Dead) 17. Pandharinath Keshav Nikam (Dead).. .. Respondents Shri S. H. Tripathi, Advocate for Petitioners. Shri P. B. Patil, Advocate for Respondent Nos. 1 to 12. CORAM : S. V. GANGAPURWALA, J. DATE : 14TH JULY, 2011. ORAL JUDGMENT : . Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 2. The present respondent Nos. 1 to 13 had filed proceedings U/Sec. 41-D of the Bombay Public Trust Act against the present petitioners. The present petitioners filed an application Exhibit 141 for rejection of the application on the ground that the present respondents did not have any locus standi to file the said proceedings. The said application is rejected. Aggrieved thereby 5 wp 4885.10 the present petition has been filed. 3. Shri Tripathi, the learned counsel for petitioners submits that the Joint Charity Commissioner has not given any reasons while rejecting the said application. It has not decided the locus standi of the present respondents. The authority has to come to the conclusion as to whether the persons who have initiated the proceedings are persons interested as laid down U/Sec. 2 (10) of the B. P. T. Act. 4. Shri Patil, the learned counsel for respondent Nos. 1 to 12 submits that the authority has even power and jurisdiction to initiate suo-motu enquiry. The respondents have brought the fact to the notice of Joint Charity Commissioner. Even otherwise the respondents’ wards are taking education in the school run by the institution of which the petitioners are the members and the office bearers. As such, the respondents are the beneficiaries. 5. Perusal of the order it is manifest that the Joint Charity Commissioner has not decided as to whether the respondents who have moved an application U/Sec. 41-D are the persons interested, whether they are beneficiaries or not. In such circumstances, the said order cannot survive. 6 wp 4885.10 6. In the light of the above, I quash and set aside the order impugned. The application Exhibit 141 shall be decided by the authority along with the main proceedings on its own merits and finding on the said application shall also be given along with main proceedings. 7. The Rule is accordingly made absolute in above terms, however,with no order as to costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/July 11