Kailas Asaram Ladde v. Assistant Charity Commissioner, Ahmednagar And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1002 OF 2015 Kailas S/o Asaram Ladde Petitioner

Versus

The Assistant Charity Commissioner & another Respondents Mr.V.V.Deshmukh advocate for the petitioner Mrs.V.A.Shinde, AGP for Respondent State CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 28th January, 2015.

PER COURT :- The petitioner is requesting to issue directions to the Assistant Charity Commissioner to appoint an official of the department to take control of the financial management of the affairs of the Ganpatil Mandir Trust.

The Assistant Charity Commissioner, in an Enquiry Application No.2/2014 u/s 41-C and in Miscellaneous Application No.33/2014, has issued an order and thereby directed the adhoc trustees to look after the management of the trust and to operate the bank account only to carry out the expenditure of utmost necessity and urgent needs for the management of the temple

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There are certain directions issued to the Adhoc trustees in respect of donation boxes situated in the temple premises. It is also directed that the amount received from the donation boxes shall be deposited in the schedule bank.

Thus there are comprehensive directions issued by the Assistant Charity Commissioner in respect of management of the affairs of the temple. In such circumstances, no further directions need be issued, as requested by the petitioner. In the facts and circumstances, it would be open for the petitioner to tender an appropriate application proceeding u/s 41A of the Act, seeking directions and the Assistant Charity Commissioner may consider such application, on its presentation, in accordance with provisions of law and pass appropriate order. Writ Petition stands rejected.

(P.R. BORA, J) (R.M.BORDE, J) vbd