P.C.:

1. Heard Mr. Kumbhakoni for the Petitioner, Mr. Railkar for Respondent No.1, Mr. Bhadbhade for Respondent No.2 and 3 and the learned AGP Ms. Cardozo for Respondent No.9.

2. By this Petition filed under Article 227 of the Constitution of India, the Petitioner has challenged the Judgment and Order dated 20th July, 2005 passed by the Charity Commissioner (M.S.), Mumbai in Application No.24 of 1998 thereby dismissing the same. That application was filed under Section 41D of the Bombay Public Trusts Act, 1950. The litigation has a checkered history.

3. Saunsthan Shree Bhargavram Parshuram bearing P.T.R. No.A1 (Ratnagiri) is a Public Charitable Trust, registered under the said Act.

BRIEF RESUME OF FACTS

4. On 16th January, 1982, the State of Maharashtra declared its intention to protect the temple maintained by said Trust as the same was a protected monument defined in Maharashtra Ancient Monuments and Archaeological Sites and Remains Act, 1960.

5. On 16th March, 1983, by a notification, said Temple was declared as a protected monument.

6. on 3rd May, 1984, a scheme was framed by the then District and Sessions Judge, Ratnagiri, by way of decree passed in Suit No.8 of 19