Sant Maruti Maharaj Kanegaonkar Ashram School Through Its Head Master Eknath Jagannath Bachate v. The State Of Maharashtra Through Chief Secretary And Others

2573.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO.2573 OF 2023 SANT MARUTI MAHARAJ KANEGAONKAR, ASHRAM SCHOOL, THROUGH ITS HEAD MASTER EKNATH JAGANNATH BACHATE

VERSUS

THE STATE OF MAHARASHTRA THROUGH CHIEF SECRETARY AND OTHERS ....

Mr V. M. Humbe, Advocate for Petitioner;

Mr P. S. Patil, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 6th March, 2023 PER COURT:

1.

The Petitioner/Ashram School has put forth prayer clauses (B), (C), (D) and (E), which read as under :- "B.

To direct the respondents to release the grant/fund of petitioner's school from 2019-20 to 2022-23 onwards as per the earlier arrangement.

C.

To direct the respondents to appoint Inspector or any competent officer of the Asst. Charity Commissioner Osmanabad to operate a joint account with the petitioner in respect of grants received from the Government. D.

To direct the respondents Assistant Charity commissioner Osmanabad to decide representation Dtd. 29

2573.23wp (2) July 2021 No.204/2021 regarding release grant/fund of petitioner's society of year 2019-20 To 2022-23. E.

Pending hearing and final disposal of this writ petition to direct the respondents to release the grant/fund of petitioner's school of year 2019-20 To 2022-23." 2.

We are informed that, there is a dispute between the Trustees. Certain grants to the Petitioner/School have not been released from 2019-2020.

3.

In view of the above, this petition is disposed off. 4.

At this stage, we would not direct the Government to release the funds, considering the dispute between the Trustees and the mis-management of the Society. Insofar as the prayer clauses (C) and (D) are concerned, we would expect the learned learned Assistant Charity Commissioner, Osmanabad, to deal with the pending representation No.204/2021 on its own merits. If the representation is decided in favour of the Petitioner/Education Society, the appropriate authorities thereafter, would consider the implementation of the decision.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk