The Evangelical Alliance Ministries Trust v. The State Of Maharashtra And Others

(1) W. P. No. 993 of 2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 993 of 2013 The Evangelical Alliance Ministries Trust, A Registered Trust, Through its Secretary, Having the trust registered address at Tutor's Bungalow, Sharanpur, Nashik.

.. Petitioner.

versus The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai - 32, & 7 others.

.. Respondents.

.........................

Mr. Ravindra B. Narwade Patil, Advocate, for the petitioner.

Mr. A.P. Basarkar, Asst. Government Pleader, for respondent no.1.

Respondent nos.2, 3 and 5 served (Absent).

Mr. S.P. Shah, Advocate, for respondent nos.4, 6, 7 and 8.

Mr. G.D. Jain, Advocate, for respondent no.9. (Respondent no.9 deleted).

..........................

CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 5TH JANUARY 2016

(2) W. P. No. 993 of 2013 PER COURT :

1.

At the request of the learned Counsel for the petitioner, leave to amend the title clause granted. Amendment be carried out forthwith. 2.

By the present petition, the petitioner is challenging the decision dated 18-1-2013 of respondent nos.4 to 8. 3.

According to the learned Counsel appearing for respondent nos.4 and 6 to 8, Exhibit "E" at page 33 of the petition is not a decision. However, respondent no.4 in the capacity of a Secretary has issued that notice.

4.

There are rival contentions between the parties. The dispute appears to be amongst trustees of the Trust. Proper remedy for the parties would be to approach office of the Charity Commissioner for appropriate reliefs.

5.

With these observations and keeping all rival contentions open, the Writ Petition is disposed of. It is made clear that we have not considered contentions of the parties on merits. No costs. ( A.M. BADAR ) ( S.V. GANGAPURWALA ) JUDGE JUDGE ................................

puranik / WP993.13