Jagannath Keshav Bargal And Others v. Gorakshanath Vidya Prasarak Mandal Pimpalgaon Malvi

41-WP-10077-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10077 OF 2023 JAGANNATH KESHAV BARGAL AND OTHERS

VERSUS

GORAKSHANATH VIDYA PRASARAK MANDAL PIMPALGAON MALVI ....

Ms Madhaveshwari S. Mhase, Advocate for Petitioners Mr. P. K. Lakhotiya, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:21.08.2023 PER COURT :- 1.

The Petitioners before us have put forth a prayer that, application No.11/2017 filed under Section 47 of the Maharashtra Public Trust Act, 1950, for nominating members on the managing committee (as there is no committee functional), is pending adjudication since February, 2017.

2.

The learned AGP, with great promptitude, has collected instructions and submits that the earlier Joint Charity Commissioner had conducted the interviews of probable

(( 2 )) 41-WP-10077-2023 candidates for nomination on the committee, on 21.07.2018 and 06.07.2019. However, the said authority has been transferred and a new person has come in as Joint Charity Commissioner. 3.

We are of the view that since an earlier officer had conducted the interviews and the new officer is completely unaware about the same, it would be appropriate, just and proper in the interest of all the members as well as the desirous candidates that the present incumbent Joint Charity Commissioner, would conduct fresh interviews and select the appropriate candidates. 4.

The learned AGP submits that there are around 10 or more cases which have been made time bound either by the Hon'ble Supreme Court of by this Court.

5.

In view of the above, this petition is disposed off with the following directions:- [a] Respondent No.3 would issue notices for inviting applications;

[b] Interested persons, upon their applications, would be interviewed by the said authority;

(( 3 )) 41-WP-10077-2023 [c] The above exercise would be completed within ninety [90] days;

[d] Thereafter, the parties would address the authority and final orders would be passed by the said authority within sixty [60] days.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS