Bhagvat Bapurao Patil v. Bhalchandra Sahebrao Patil And Another

Writ Petition No.1146/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.1146 OF 2016 Bhagvat Bapurao Patil ...

PETITIONER

VERSUS

Bhalchandra Sahebrao Patil & anr.

...

RESPONDENTS .....

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

CORAM:

S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATED:

14th March, 2016.

ORAL ORDER :

1.

The order assailed in the present Writ Petition reads as under :

"1) Application is allowed.

2) Trustees shall henceforth conduct the elections as per approved Constitution of the trust and submit the change report within time period prescribed by law.

3) The trustees are hereby further directed that the report of the auditor along with audited accounts be submitted to this office regularly within prescribed time."

Writ Petition No.1146/2016 2.

We fail to understand the challenge raised in the petition. The order states that the trustees shall henceforth conduct elections as per Constitution of the Trust and submit the change report within time period prescribed by law. The trustees are bound to abide by the Constitution of the Trust and they are bound to submit the change report as required under the law. The further direction is that the trustees shall submit the audited accounts and the report by the auditor to the office of the Deputy Charity Commissioner regularly within prescribed time. It is the duty of the Trustees to submit the audited accounts and the report of the auditor regularly to the office of the Charity Commissioner. Failure to submit the same would attract consequences as laid down under the Maharashtra Public Trusts Act. In case the petitioner or any of the trustees commit default in submitting the audited accounts regularly, then the trustees make themselves liable for further action.

3.

No illegality is committed in the said order. Writ Petition, as such, stands disposed of. No costs. (A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.) fmp/wp1146/2016