Shankar Ramdasji Kosurkar v. Vijay Krushnaji Parbat And Others

(1) 913wp2246.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2246/2025 Shankar Ramdasji Kosurkar .VS. Vijay Krushnaji Parbat and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. D. Abhyankar, Advocate for petitioner. CORAM :

ANIL L. PANSARE, J.

DATE :

APRIL 24, 2025 Heard.

2.

The petitioner intends to intervene in the suo motu proceedings initiated by Joint Charity Commissioner under Section 41D of the Maharashtra Public Trusts Act, 1950. 3.

Mr. S. D. Abhyankar, learned counsel for the petitioner, submits that it is upon complaint made by the petitioner that the Joint Charity Commissioner has directed, Assistant Charity Commissioner to inquire into the matter and file report. Accordingly, the Assistant Charity Commissioner inquired in the matter. In the inquiry, he has recorded statement of petitioner and submitted report before the Joint Charity Commissioner, who has registered it as a Suo Motu Application No.3/2024 under Section 41D of the Maharashtra Public Trusts Act, 1950.

4.

The petitioner filed application for intervention, which came to be rejected on the ground that charges are to be framed against respondents - non applicants viz. trustees of the Trust and, therefore, there is no need of making petitioner as party - non applicant.

5.

To my mind, the finding appears to be in consonance with the provisions inasmuch as once the Joint Charity Commissioner has

(2) 913wp2246.25 taken cognizance of report and registered the same as suo motu application under Section 41D, he may suspend, remove or dismiss any trustee of the Trust, if ingredients of Section 41D are attracted. There is nothing in Section 41D that would require presence of complainant as a party to the proceedings. The Joint Charity Commissioner will naturally examine the persons like the petitioner, if the contingency so arises. The petitioner, however, cannot insist for making him party to the proceedings that too as non applicant. There is, thus, no merit in the petition. The petition is dismissed accordingly. No order as to costs.

(Anil L. Pansare, J.) Kahale