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2014 Supreme(Bom) 1003

B.P.DHARMADHIKARI, P.R.BORA
Ashok Shikshan Sanstha – Appellant
Versus
S. N. Dutonde – Respondent


Advocates Appeared:
For the Petitioners:M.G. Bhangde, Senior Advocate with R.M. Bhangde, Advocate.
For the Respondents:R1, A.K. De, Advocate, R2 & R3, D.B. Patel, AGP. For the Intervenors:Kirti Satpute, Advocate.

JUDGMENT

B.P. Dharmadhikari, J.

1. Dispute is about a public trust having registration number PTR no. F-47 by name Ashok Educational Society duly registered under the Bombay Public Trust Act, hereinafter referred to as BPT Act. Petitioners seek a direction to the administrator on a Public Trust to hand back the charge of Trust to them in terms of judgment dated 30.4.1998 of the Joint Charity Commissioner (hereinafter referred to as Jt. C.C.) in F.A. 14 & 15 immediately. It appears that the petitioners on 10.12.2012 moved an application for restoration of charge back to them as elected body & Joint Charity Commissioner rejected it on 20.12.2012. Challenge to this order & other consequential orders/steps is also added on 24.2.2013. Petitioners claim that there have been two elections of the governing body i.e. managing committee – one in 2007 & the other in 2012. Respondent-2 Deputy Charity Commissioner (hereinafter referred to as Dy. C.C.) on 5.10.2012 has substituted Respondent-1 as the administrator in place of one Shri Gajbe & this order is also assailed in the writ petition. Considering these facts writ petition is being disposed of finally by issuing “Rule” and making it returna




























































































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