Tarabai Shrirang Narnawale v. Shri Mammadevi Sansthan Trust Mammadevi Chowk Mastagad Through Trustee And Others

*1* 979awp13785o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13785 OF 2019 TARABAI SHRIRANG NARNAWALE

VERSUS

SHRI MAMMADEVI SANSTHAN TRUST MAMMADEVI CHOWK MASTAGAD THROUGH TRUSTEE AND OTHERS ...

Advocate for the Petitioner : Shri Dhage Babasaheb V. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 18th November, 2019 Per Court:

The petitioner is aggrieved by the order dated 26.06.2018 passed by the learned Assistant Charity Commissioner, Jalna by which, her application exhibit 29 filed in Enquiry No.6/2013, has been rejected. The learned advocate for the petitioner has strenuously criticized the impugned order. The contention is that exhibit 29 was filed under Section 73-A of the Maharashtra Public Trusts Act. The petitioner is a devotee of deity Mammadevi and is interested in the Trust. Her father, late Ratanlal Udewal, was a trustee and a devotee. He had a desire that the petitioner should be made a trustee. To fulfill his desire and since he has passed away, the petitioner being interested in the Trust, should be permitted to intervene in the change report enquiry case.

*2* 979awp13785o19 I find that the petitioner today is completely unconnected with the Trust, except being a devotee of Mammadevi. She claims to have interest in the Trust. If the deity Mammadevi has a large number of devotees, all would claim to have interest in the Trust. The learned advocate for the petitioner submits that the petitioner has tried to gain membership of the Trust. However, the present trustees ensure that she is not granted membership. I find that the petitioner is not remedy-less to the extent of this grievance and would be at liberty to avail of the remedy as is permissible in law. In view of the above, this Writ Petition being devoid of merit is, therefore, dismissed.

kps (RAVINDRA V. GHUGE, J.)