Bal Mandir Sanstha, Dharampeth, Nagpur and Bearing PTR No. F155 (N) Through its President, Smt. Shaila Fadnavis vs Deputy Charity Commissioner, Nagpur

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Bom) 1196

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
R. K. DESHPANDE, J.
Bal Mandir Sanstha, Dharampeth, Nagpur and Bearing PTR No. F155 (N) Through its President, Smt. Shaila Fadnavis – Petitioner
Versus
Deputy Charity Commissioner, Nagpur – Respondent
WRIT PETITION NO. 2570 OF 2014
Decided On : 16-09-2016

Advocates Appeared:
For the Petitioner: Shri. A.P. Thakare
For the Respondent:Shri N.S. Rao, AGP, Shri A.V. Khare, Advocate, Shri Tejas Deshpande

Headnote:Bombay Public Trusts Act, 1950 - Section 51-Filing of suit.-For filing suit, obtaining of consent from Charity Commissioner under Section 51 of Act is necessary.
In the result, the writ petition is allowed. The order dated 2.9.2013 passed by the Deputy Charity Commissioner, Nagpur under Section 51 of the Bombay Public Trust Act, 1950, on Application No. 1507 of 2010, is hereby quashed and set aside. The matter is remitted back to the Deputy Charity Commissioner, Nagpur, for decision in accordance with law after permitting respondent Nos. 9 to 14 to be substituted in place of the original applicant.
Rule made absolute in above terms. No order as to costs.

JUDGMENT :

1. Rule made returnable forthwith.

Heard by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the order dated 02.09.2013 passed under Section 51 of the Bombay Public Trust Act, 1950, on Application No. 1507 of 2010, by the learned Deputy Charity Commissioner, Nagpur.

3. There is no dispute that the original applicant Smt. Sitabai Nakuprasad Gupta died on 31.05.2013 and this fact was not brought to the notice of the learned Deputy Charity Commissioner, who passed an order impugned in this petition. In view of this, the order impugned needs to be quashed and set aside.

4. In the present petition, the respondent Nos. 9 to 14, who are claiming to be the legal heirs of Smt. Sitabai Nankuprasad Gupta, the original applicant, were permitted to be added as respondents and they wanted to prosecute the Application No. 1507 of 2010, which can be permitted.

5. In the result, the writ petition is allowed. The order dated 02.09.2013 passed by the learned Deputy Charity Commissioner, Nagpur under Section 51 of the Bombay Public Trust Act, 1950, on Application No. 1507 of 2010, is hereby quashed and set aside. The matter is remitted back to the learned Deputy Charity Commissioner, Nagpur, for decision in accordance with law after permitting respondent nos. 9 to 14 to be substituted in place of the original applicant.

Rule made absolute in above terms. No order as to costs.

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