MEHERNOSH JAMSHED JASSWALLA vs LALITRAO BHASKARRRAO PATIL AND ORS

Judgment text excerpt

Megha 921_wp_9430_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9430 OF 2024 Dr. Mehernosh Jamshed Jassawalla ...Petitioner V/s. Dr. Lalitrao Bhaskarrao Patil and Ors. ...Respondents ______________ Mr. Sanjiv Gorwadkar, Senior Advocate i/b. Mr. Suresh M. Kamble for the Petitioner. Mr. Amrut Joshi with Mr. Yazadi Udwadiai i/b. Mr. Saakshat Relekar for Respondent No.1. Ms. Gauri Jadhav ‘A’ Panel with Mrs. M.S. Bane, AGP for Respondent -State. Mr. Nikhil Mishra with Mr. Shrawan Purohit, AGP for Respondent - State. ______________ CORAM : SANDEEP V. MARNE, J. Judgment reserved on : 8 January 2025. Judgment pronounced on : 14 January 2025. Judgment : 1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition Digitally MEGHA signed by MEGHA SHREEDHAR is taken up for final disposal. SHREEDHAR PARAB PARAB Date: 2025.01.15 14:25:39 +0530 2. The issue that arises for consideration in the present Petition is whether it is permissible for the Charity Commissioner to Page No. 1 of 23 14 January 2025 Megha 921_wp_9430_2024_fc.docx try and entertain application for removal of trustees under the provisions of Section 41D of the Maharashtra Public Trust Act, 1950 (MPT) when appointment of the said trustees is yet to be accepted in an enquiry under Section 22. In other words, whether application for removal of trustees under Section 41D of the MPT Act can be decided during pendency of Change Reports relating to their very appointments. 3. The issue arises in the light of challenge raised by the Petitioner to the Order dated 4 June 2024 passed by the learned Charity Commissioner, Maharashtra State, Mumbai, rejecting the Petitioner’s Application at Exhibit-106 seeking fram