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Bombay High CourtWP/8330/2016disposed offdismissed for default

Ashok Shankar Shukla v. Dilasha Bahuddishiya Sanstha Jalgaon Through Its President Sahebrao Shivram Patil

2017-01-16Hon'Ble Shri Justice S V Gangapurwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 8330 OF 2016 Ashok Shankar Shukla

...Petitioner

VERSUS

Dilasha Bahuddishiya Sanstha, Jalgaon

...Respondent

.....

Shri V.P.Patil, advocate for petitioner .....

WITH WRIT PETITION NO. 8283 OF 2016 CORAM : S.V.GANGAPURWALA, J.

DATED : 16th January, 2017 O R D E R :- Mr. Patil, learned counsel for the petitioners in both the Petitions submits that the petitioners filed an application under Section 73-A of the Maharashtra Public Trust Act for adding him as a party. The change report

proceedings are pending. The objection has been filed by the petitioner. The petitioner is also running similar institution. The petitioner can be said to be an interested person. Any interested person can raise objection in respect of change report proceedings.

2.

It has been observed by the Assistant Charity Commissioner in the impugned order that the petitioner is neither trustee nor member of the Dilasha Bahuddishiya Sanstha. The case of the petitioner is that the petitioner is also running a trust with similar object known as Rashtriya Vigyan Manch. The trustees of the petitioner trust and the trustees of the respondent trust initially were the same. That may not be the sole ground. The petitioner even remotely cannot be said to be an interested person.

3.

In the light of above, no interference is called for.

4.

Writ petitions are disposed of. No costs.

(S.V.GANGAPURWALA, J.) dbm/wp8330.16