IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.270 OF 2020 Siddhavinayak s/o. Kashinathappa Bondre, Age: 78 years, Occ : Agriculture, R/o. Chikhali, Tq. Chikhali, Dist. Buldhana.

Swamy Vivekanand Marg Near Anuradha Engineering College, Paramkuti. .. APPELLANT [Orig. R.No.3]

VERSUS

1] Janardhan s/o. Dattuappa Bondre, Age: 78 years, Occ : Agriculture, R/o. Chikhali, Tq. Chikhali, Dist. Buldhana.

2] Baburao Asaram Bhutekar, Age: 68 years, Occ : Agriculture, R/o. Nava, Tq. and Dist. Jalna. 3] Subhash Ramrao Kuhire, Age: 64 years, Occ : Agriculture, R/o. Nava, Tq. and Dist. Jalna.

4] Prakashand Maharaj Guru Vivekanand Maharaj, Age : 56 years, Occ : Agriculture, R/o. Nava, Tq. and Dist. Jalna.

5] Shripad Gangadhar Minase, Age: 54 years, Occ : Agriculture, R/o. Deolgaon Raja, Tq. Deolgaon Raja, Dist. Buldhana, Near Balaji Mandir.

6] The Assistant Charity Commissioner, Jalna. .. RESPONDENTS [Ori Applicant and R.Nos.1, 2, 4, 5, 6]

…

Ms.Pradnya Talekar, Advocate for the appellant.

Mr.S.S.Thombre, Advocate for respondent nos.2 and 3.

…

CORAM : S.G.DIGE, J.

Reserved on : 14.09.2022.

Pronounced on : 06.10.2022 JUDGMENT :

1] The issue involved in this appeal is remand order passed by the District Judge-3, Jalna [for short ‘the learned District Judge’] in Civil Misc. Application No. 82 of 2015, directing the Assistant Charity Commissioner, Jalna [for short ‘the ACC’] to appoint first body of trustees by obtaining biodatas and consent letter of the suitable persons within a period of three months.

Brief facts of the case are as under:

2] Shri Anandi Atmanand Saraswati @ Rangnath Maharaj Vishranti Math is a public charitable trust [for short ‘said trust’]. An application seeking formulation of new scheme was filed in the year 1997 under Section 50-A (1) of the Bombay Public Trusts Act [for short ‘BPT Act’], which came to be decided by the ACC, Jalna on 20.06.2000. The said scheme was challenged before the District Court, Jalna, the learned District Court was pleased to remand the matter for fresh disposal. Thereafter, the ACC decided the said enquiry application vide judgment and order dated 11th March, 2015, by holding that it was necessary to frame scheme for the said trust and appointed the first body of trustees along with framing of the scheme. The said judgment of the ACC was challenged by filing two separate Civil Misc. Applications under Section 72 of the BPT Act before the learned District Judge, Jalna. The learned District Judge has decided both Civil Misc. Applications by common judgment and order. He rejected the Civil Misc. Application No. 78 of 2015, the same has not been challenged by any party. In Civil Misc. Application No.82 of 2015, the District Judge has held that framing of new scheme for the said trust was necessary and the ACC has rightly framed the scheme, however, held that consents and bio-datas of the proposed trustees were not sought prior to their appointments, hence, remanded the matter to the ACC for appointment of first body of trustees. The said order is under challenge.

3] It is the contention of the learned counsel for the appellant that the said trust in question is a very old religious and charitable trust, having more than 500 acres of land, however, had fallen prey to mismanagement and inefficiency owing to absence of a proper scheme to meet present day requirements as also the maladministration by the then trustees. The trust was administered based on a vahivatpatra registered sometime in 1914. The application was filed under Section 50-A (1) of the BPT Act for framing the scheme and for appointment of trustees. Accordingly, the ACC has considered all the facts and appointed the appellant as trustee. The ACC has rightly framed the scheme. The biodatas and consent letters were obtained prior to their appointments as trustees. The Vice Chancellor and Naib Tahsildar were made part of the first body of trustees as Ex-officio members and they were made members by virtue of the post so as to bri