Sudhakar Laxmanrao Kundojwar v. Advocate Sanjay Yadaorao Dhote And Others

2025:BHC-NAG:3550-DB 1 wp1319.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.1319/2025 Sudhakar Laxmanrao Kundojwar Vs. Advocate Sanjay yadaorao Dhote and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. B.M.Kharkate, Advocate for petitioner.

Mr. M.M.Dhandekar, Advocate for respondent no.2. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : APRIL 4, 2025.

1.

Heard.

2.

The challenge is to the order dated 28th January, 2025 passed by the Assistant Charity Commissioner in exercise of the powers under Section 41-A of the Maharashtra Public Trusts Act, 1950 wherein the following directions are issued by the Assistant Charity Commissioner: "2. The trustees are directed to act as per the constitution.

3. Non-applicant is directed to exercise the powers given in the constitutions for the fulfillment object of the trust.

4. Non-applicant is also directed before passing any resolution in respect of policy decision follow the rule of constitution". 3.

The connote of the aforesaid directions are that the trustees must conduct themselves in accordance with the constitution of the Trust and also the object which is sought to be achieved by the Trust document. It is further directed by the Assistant Charity Commissioner that the trustee shall not pass any resolution contrary to the policy.

2 wp1319.2025.odt 4.

The order impugned in the petition cannot be said to be in violation of any of the statutory provisions rather the same contemplates directions to the trustees to act in accordance with the Trust document and its object. 5.

No interference is called for in this petition. The petition fails and stands dismissed. No costs.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar