R.S.MOHITE
Ramdas s/o Shivaji Sakhare and others – Appellant
Versus
Karuji s/o Dago Ambade and others – Respondent
2. Rule. By consent, rule is made returnable forthwith.
3. This is a writ petition challenging an order dated 26-7-2001 passed by the Assistant Charity Commissioner, Gadchiroli, by which, while deciding two applications under section 41-A of the Bombay Public Trusts Act, 1950, filed by opposing parties, he has chosen to give a direction appointing an ad hoc committee to manage and administer the trust (Bouddha Mahasabha Korchi, District-Gadchiroli), which is a duly registered trust.
4. I have seen the prayers in both the applications under section 41-A of the Bombay Public Trusts Act, 1950, being Application Nos. 120 of 2001 and 121 of 2001. In neither of these applications, there is any prayer for direction of appointment of an ad hoc committee. Apart from this, on a plain reading of section 41-A of the Bombay Public Trusts, Act, it is evident that the Charity Commissioner can only issue directions to any trustee of a Public Trust or any person connected therewith.
5. The Bombay High Court has in the case of (Asaram Bhimrao Shinde v. State of Maharashtra)1, reported in 2002(3) Bom.C.R. 16, categorically hel
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