Advocates:
['OJAS DEOLANKAR AND ADHE RATAN L', 'COPY SERVED ON GP', '', 'CAVEAT FILED BY ADV SHAH SUBODH P', 'SALUNKE V D', 'GP']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 14318 OF 2017

Shri Ashok Eknathrao Vikhe Patil,

...PETITIONER

Trustee and Executive Chairman,

Pravara Rural Education Society, Ahmednagar,

Age-Adult, Occu- Business,

R/o.A/p. Loni, Tq. Rahata,

Dist. Ahmednagar

VERSUS

1.

The Joint Charity Commissioner,

...RESPONDENTS

At Pune

2.

Shri Annasaheb Mhaske Patil,

Age-Adult, Occu- Nil,

R/o. A/p. Loni, Tq. Rahata,

Dist. Ahmednagar

3.

Shri Bhagwantrao alias Abasaheb Kharde Patil,

Age-Adult, Occu-Nil,

R/o. A/p. Loni, Tq. Rahata,

Dist. Ahmednagar

4.

State of Maharashtra

Mr. R. N. Dhorde, Sr. Counsel i/b Mr. R. L. Adhe, Advocate for the

petitioner

Mr. S. P. Shah, Advocate for the respondent No.2

Mr. V. D. Salunke, learned counsel for the respondent No.3

Mr. S. K. Tambe, AGP for the State

WITH

WRIT PETITION NO. 14320 OF 2017

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Shri Ashok Eknathrao Vikhe Patil,

...PETITIONER

Trustee and Executive Chairman,

Pravara Rural Education Society, Ahmednagar,

Age-Adult, Occu- Business,

R/o.A/p. Loni, Tq. Rahata,

Dist. Ahmednagar

VERSUS

1.

The Joint Charity Commissioner,

...RESPONDENTS

Pune Region, Pune

2.

Shri Radhakishna Vikhe Patil,

Age-Adult, Occu- Nil,

R/o. A/p. Loni, Tq. Rahata,

Dist. Ahmednagar

3.

Shri Bhagwantrao alias Abasaheb Kharde Patil,

Age-Adult, Occu-Nil,

R/o. A/p. Loni, Tq. Rahata,

Dist. Ahmednagar

4.

State of Maharashtra

Mr. R. N. Dhorde, Sr. Counsel i/b Mr. R. L. Adhe, Advocate for the

petitioner

Mr. V. D. Hon, Sr. Counsel i/b Mr. A. V. Hon, Advocate for the

resondent No. 2

Mr. V. D. Salunke, learned counsel for the respondent No. 3

Mr. S. K. Tambe, AGP for the respondent/State

CORAM :

N. J. JAMADAR, J.

RESERVED ON :

22-03-2021

PRONOUNCED ON :

04-05-2021

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JUDGMENT :

.

Rule. Rule made returnable forthwith and with the

consent of the counsel for the parties heard finally at the stage of

admission.

2.

These petitions assail a clause of a common judgment

and order dated 13-09-2017 passed by the Joint Charity

Commissioner, Pune Region, Pune in appeal Nos. 8 of 2017 and 9 of

2017 whereby despite remitting the change reports to the Deputy

Charity Commissioner for afresh decision, the parties were directed

to maintain status-quo as regards the administration of trust-

Pravara Rural Education Society.

3.

The background facts leading to this petition can be

stated, in brief, as under:-

A]

Pravara Rural Education Society, Ahmednagar (The trust) is a

registered public charitable trust. The trust runs numerous

educational institutions. Late Eknathrao Vitthalrao Vikhe Patil was

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the trustee and Chairman of the trust. Eknathrao Vitthalrao Vikhe

Patil died on 30-12-2016.

B]

Two change reports, being Change Report No.1345 of 2017

and 1346 of 2017, were filed under Section 22 of the Maharashtra

Public Trusts Act, 1950 (the Act, 1950). In Change Report No.1345

of 2017 respondent No.3-Mr. Bhagwantrao @ Abasaheb Ganpatrao

Kharde Patil, reported that in the meeting of the trust held on 25-

02-2017, respondent No.2-Annasaheb Sarangdhar Mhaske Patil was

appointed as trustee in the place of late Eknathrao Vitthalrao Vikhe

Patil. In Change Report No. 1346 of 2017, respondent No.3

reported that in the place of Eknathrao Vitthalrao Vikhe Patil,

Radhakrushna Eknathrao Vikhe Patil was elected as the Chairman of

the trust pursuant to the resolution passed in the meeting dated

25-02-2017. The Change Reports were supported by the copies of

resolution, death certificate of late Eknathrao Vitthalrao Vikhe Patil

and the consent letter of incoming trustee. By the judgment and

order dated 02-03-2017, the learned Deputy Charity Commissioner,

Ahmednagar was persuaded to allow the Change Reports.

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C]

The petitioner herein claimed to be a Trustee and Executive

Chairman of the trust. The petitioner assailed the legality, propriety

a