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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE AMIT BORKAR
Adesh Shivaji Narke – Appellant
Versus
Shree Dnyaneshwar Maharaj Sansthan, Alandi – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has approached this Court assailing the judgment and order dated 5th December 2024 passed by the President of Shree Dnyaneshwar Maharaj Sansthan, Alandi, Pune, who also functions as the Principal District and Sessions Judge, Pune. The said order was passed below Exhibit 16 and Exhibit 31A in Persona Designata Civil Suit No. 1 of 2023, whereby the learned President was pleased to allow the application filed at Exhibit 16, thereby dismissing the suit filed by the petitioner, and simultaneously rejecting the application moved at Exhibit 31A.
2. The relevant factual backdrop, as presented by the petitioner, is briefly set out hereunder.
3. The present dispute concerns the manner and procedure for the appointment of trustees to respondent No.1, a public trust, namely Shree Dnyaneshwar Maharaj Sansthan, associated with the sacred Samadhi of Saint Dnyaneshwar Maharaj, Alandi. The legacy of this holy site is one that spans over seven centuries. Historically, the temple and its endowments have been under varying regimes. Initially, the Peshwa Government had granted a
The District Judge, acting as persona designata, lacks jurisdiction to modify a public trust scheme without express provision, necessitating adherence to statutory procedures under the Public Trusts ....
Modifications to a trust's scheme must be made under Section 92 of the Civil Procedure Code, and historical context and limitations on modifying the scheme should be considered.
Section 92 of Code which reads public charities.
The government cannot unilaterally alter the term of trustees without following the statutory procedures outlined in relevant laws; modifications must comply with Section 64(5) of the Act.
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
The central legal point established is the interpretation of the mode of succession of Trustees under the Trust Acts and the authority of the Assistant Charity Commissioner to appoint Trustees, empha....
The main legal point established in the judgment is that the Charity Commissioner's decision to grant consent for instituting the civil suit was based on subjective satisfaction and fulfilled all pro....
It is further observed that Administration of Trust would mean administration by a body which under the Trust-Deed is required to be administered the same. It is further observed that in absence of p....
The Inspector lacks authority to conduct an enquiry under Section 64(1) of the Act, which mandates that only the Joint Commissioner or Deputy Commissioner can settle schemes after proper consultation....
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