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Bombay High CourtMCA/609/2025allowed

Alhuda Society Welfare Society, Malkapur, Buldhana Thr. Secy., Sayyed Ibrahim Sayyed Yasin And ANR. v. Education Officer, (Secondary), Zilla Parishad, Buldhana And ORS.

2025-11-11Hon'Ble Shri Justice Abhay J. Mantri , Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

1 Spl.bench.2.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR MISCELLANEOUS CIVIL APPLICATION NO. 609 OF 2025 IN WRIT PETITION NO. 6722 OF 2024 ALHUDA SOCIETY WELFARE SOCIETY, MALKAPUR, BULDHANA THR. SECY. , SAYYED IBRAHIM SAYYED YASIN AND ANOTHER

VERSUS

EDUCATION OFFICER, (SECONDARY), ZILLA PARISHAD, BULDHANA AND OTHERS ...

Advocate for Applicants : Mr. Zeeshan Z. Haq(Through V.C.) AGP for Respondent Nos. 1, 3 & 4 : Mr A.V. Palshikar(Through V.C.) ...

CORAM : ABHAY J. MANTRI AND S.M. GHODESWAR, JJ.

(Through V.C.) DATE : 11th NOVEMBER, 2025 PER COURT :

1.

Heard the learned Advocate Mr. Haq, for the petitioner. 2.

Issue notice to the respondents, returnable on 09.12.2025. Learned APP waives notice for respondent nos. 1, 3 and 4. 3.

Having considered the submissions made by learned Advocate for the petitioner, we, prima facie, found substance in his contention that Headmaster cannot act as a 'Trustee' of the Trust to look after the administrative and financial activities and, therefore, he urged for staying the part of the order i.e. paragraph no. 6 of the order dated 12.03.2025, that "the Headmaster shall be entitled to perform all the

2 Spl.bench.2.odt administrative and financial activities of the Trust,". He further argued that at most he can look after or perform the administrative and financial activities of the school.

4.

As such, it would be appropriate to stay the observation made in paragraph no. 6 of the order that "the headmaster shall be entitled to perform all administrative and financial activities of the Trust" till the next date.

5.

Stand over to 09.12.2025.

( S.M. GHODESWAR, J. ) ( ABHAY J. MANTRI, J. ) SPC Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 12/11/2025 18:18:17