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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
Subject
Public Trust - Bombay Public Trust Act, 1950
Act Referred
Headnote
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.
For the Petitioner: Shri. A.P. Thakare
For the Respondent:Shri N.S. Rao, AGP, Shri A.V. Khare, Advocate, Shri Tejas Deshpande
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.
