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2022 Supreme(Bom) 834

M.S.JAWALKAR
Avinash S/o. Herabba Dekate – Appellant
Versus
Joint Charity Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Shri Amol B. Patil.
For the Respondent: Shri S.D. Abhyankar.

JUDGMENT :

Smt. M.S. Jawalkar, J .

1. Heard learned Counsel for the appellants and learned Counsel for respondent Nos. 2 to 4.

2. The present appeal is filed by the appellant challenging the order passed by the Joint Charity Commissioner, Nagpur in Application No.17/2006 under Section 41–D dated 15/12/2018. The appellant No. 1 is the president of Lokseva Shikshan Sanstha, Sirsi. It is registered Public Trust bearing registration No. F-683(N). The said Trust runs Pramilatai Dekate Girls Hostel and Vasantrao Naik Krushi Vidyalaya. The respondent Nos. 2 and 3 claiming members of the trust, filed an application under Section 41-D of the Maharashtra Public Trust Act [for the brevity MPT Act], which was registered as Application No.17/2006. The appellant along with respondent Nos.4 and 5 were respondents while one Madhukar Begde, Rajesh Kune and D.B. Bhandakkar died during the pendency of the proceeding but no steps were taken by the applicants.

3. The respondent No.1, Joint Charity Commissioner conducted enquiry and passed the impugned order on 15/12/2018, whereby removed the appellants from

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