Bahujan Shikshan Sangh Through Managing Trustee Life Time Trustee v. The Deputy Charity Commissioner

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8195 OF 2020 Bahujan Shikshan Sangh ... Petitioner

Versus

The Deputy Charity Commissioner Ahmednagar ... Respondent ....

Mr. Girish Rane, Advocate for the petitioner Mr. A. B. Chate, AGP for the respondent ....

CORAM : R. G. AVACHAT, J.

DATED : 2nd FEBRUARY, 2021 PER COURT :- .

Heard.

2.

The Orders dated 18.02.2019, dismissing Misc. Applications No. 95, 96 and 97 of 2018, are sought to be set aside in this writ petition. The then reporting trustees reported the changes bearing Nos.99 of 1996, 709 of 1999 and 1440 of 1999. Since writ petition No.2683 of 1998 was pending, the Assistant/Deputy Charity Commissioner kept those change reports pending. Writ Petition No.2683 of 1998 was decided on 28.03.2014. Without giving notice to the reporting trustees, the learned Assistant Charity Commissioner, rejected the change reports for want of furnishing sufficient

2 wp-8195-2020.doc documentary evidence in support of the change. The petitioner, therefore, presented Misc. Applications No. 95, 96 and 97 of 2018 for restoration of the change reports by setting aside the order dated 27.01.2014. Those applications came to be rejected by the Deputy Charity Commissioner, Ahmednagar. Hence this writ petition. 3.

Learned Advocate for the petitioner submitted that the change reports were either not objected or objections if any, were withdrawn. In support of his contention, he placed on record the relevant papers. The learned AGP would also submit on the same lines. 4.

Since the change reports submitted by the reporting trustees of the petitioner - trust need to be taken to their logical conclusion, the orders impugned in this writ petition are set aside in terms of prayer clause "A".

5.

The learned Deputy Charity Commissioner is requested to hear the parties concerned and pass necessary orders on the respective change reports.

6.

The writ petition is accordingly disposed of. [ R. G. AVACHAT, J. ] SMS