Sarva Siddhi Raja Ganapathi Trust v. Jt. Charity Commissioner

Priya Soparkar 9 wp 4465-17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4465 OF 2017 Sarva Siddhi Raja Ganapathi Trust ... Petitioner V/s.

Jt.Charity Commissioner, State of Maharashtra.

... Respondent --- Mr.N.S.Nevshe, Advocate for the Petitioner. Mr.N.C.Walimbe, AGP for the Respondent.

--- CORAM : UJJAL BHUYAN, J.

DATE : JANUARY 13, 2020.

P.C.:- 1.

Heard Mr.N.S.Nevshe, learned counsel for the petitioner; and Mr.N.C.Walimbe, learned AGP for the sole respondent-State.

2.

Petitioner- Sarva Siddhi Raja Ganapathi Trust is a Trust which is duly registered under the Maharashtra Public Trust Act, 1950. Case of the petitioner is that in view of changed situation petitioner wants to delete clause (6) of the Trust Deed and to replace the same by a new clause, besides adding another clause relevant for investment of funds in accordance with the provisions of

Priya Soparkar 9 wp 4465-17 Section 11(5) of the Income Tax Act, 1961. In this connection, petitioner had approached Charity Commissioner, Maharashtra State by filing application. Petitioner's counsel was informed by the office of the Charity Commissioner that petitioner should obtain order of the court for such amendment. It is for such reasons, the present writ petition has been filed. 3.

Without expressing any opinion on merit, respondent is directed to consider the amendment of the Trust Deed sought for by the petitioner and thereafter, to pass appropriate order in accordance with law within a period of three months from the date of receipt of an authenticated copy of this order.

4.

Writ petition is disposed of.

(UJJAL BHUYAN, J.) ....