Madhuban Kushthrog Nirmulan Sanstha, Jambhulghat, Thr. Its Sec. Ankush B. Nevalkar, Chandrapur v. Ku. Kirti Suresh Chillapawar @ Sau. Kirti Atul Bhut

2024:BHC-NAG:3007 1 3.WP.1658-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1658 OF 2024 ( Madhuban Kushthrog Nirmulan Sanstha, Jambhulghat, Thr. Its Secretary Vs.

Ku. Kirti Suresh Chillapawar @ Sau. Kirti Atul Bhut ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.R. Karekar, Advocate for the Petitioner. CORAM: BHARAT P. DESHPANDE, J.

DATED : 12th MARCH, 2024 Heard Mr. Karekar, learned counsel for the petitioner.

2.

The petition is challenging the order passed by the learned Assistant Charity Commissioner, Chandrapur dated 25.01.2024, whereby the daughter of the original objector (deceased) is allowed to intervene in the proceedings filed under Section 73A of the Bombay Public Trusts Act, 1950. 3.

Mr. Karekar, learned counsel for the petitioner, would submit that the definition of "Person having interest" under Section 2 (10) read with Section 73A of the Bombay Public Trusts Act, the objector/respondent is neither having any interest in the Trust nor she is the member, however the learned Authority without deciding such aspect and only on

2 3.WP.1658-2024.odt the ground that the deceased/objector needs representation, allowed the intervention application.

4.

The matter needs consideration, hence issue notice to the respondent, returnable on 04.04.2024. 5.

Civil Application (CAW) No. 773/2024 for grant of stay, is allowed. The proceedings before the concerned Authority are stayed in terms of prayer clause (i) of the application, till the next date.

6.

Apart from regular service, services by other modes is permitted.

(BHARAT P. DESHPANDE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 12/03/2024 17:25:35