Suryavanshi S/O Awadhkishor Choudhari v. Honble Assistant Charity Commissionr, Wardha And Others

2903wp2524.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2524 of 2017 Shri Suryavanshi s/o Awadhkishor Choudhari

Versus

Hon'ble Assistant Charity Commissioner, Wardha, and others. Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri U.P. Dable and Shri S.V. Sohoni, Advocates for Petitioner. Ms Ritu V. Kaliya, Assistant Government Pleader for Respondent No.1. Shri Anand Parchure, Advocate for Respondent Nos.2 to 4. Ms Vidya Umale, Advocate for Respondent No.7. Coram : R.K. Deshpande & S.M. Modak, JJ.

Dated : 29th March, 2019 By consent, heard the learned counsels appearing for the parties on merits of the matter.

In the general elections of Rashtrabhash Prachar Samiti, a Public Trust, bearing registration No.P.T.R. No.F-106(W), were held on 7-10-2018. The respondents Nos.2 to 4 are elected in the said elections and they are occupying the posts. The Trust is being managed by the Trustees who are elected. In view of this, the order impugned in this petition passed under Section 41A of the Maharashtra Public Trusts Act, 1950 loses all its force and stands set aside so that none of the observations made in the order shall come in the way of any of the parties. This is without prejudice to the rights of the parties to fight out the litigations, if any, pending between them. The petition stands disposed of.

(S.M. Modak, J.) (R.K. Deshpande, J.) Lanjewar