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BOMBAY HIGH COURT
AVINASH G. GHAROTE, J
SHYAMLAL MEMORIAL EDUCATION SOCIETY UDGIR THROUGH ITS VIKRAM NILKANTHRAO SANKAYE – Appellant
Versus
THE JOINT CHARITY COMMISSIONER – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R.D. Biradar
For the Respondents:Mr. Yashodeep Deshmukh, Advocate holding for Mr. A.D. Kawre

Table of Content
1. the petition related to the maintainability of the application under the maharashtra public trust act. (Para 1 , 3)
2. the scope of the joint charity commissioner's authority under section 41-a was established. (Para 2 , 4)

ORDER :

1. Heard Mr. Biradar, learned counsel for the petitioner. The petition takes exception to the order dated 11.02.2021 passed by the Joint Charity Commissioner, Latur in Application No. 143/2018, whereby the application filed by the petitioners, seeking to frame a preliminary issue regarding maintainability of the application under Section 41-A of the Maharashtra Public Trust Act (“MPT Act”), has been rejected. Mr. Biradar submits that it was necessary for the Joint charity Commissioner to have framed the preliminary issue, as the application under 41-A of the MPT Act was not tenable as it was beyond jurisdiction of the Joint Charity Commissioner.

2. A perusal of Section 41-A of the MPT Act demonstrates that the Charity Commissioner, has the authority and power, to issue directions to any trustee of a public trust or any person connected (2) therewith, to ensure that the trust is properly administered and the income thereof is properly a

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