DEORAO BHURAJI WASULE Vs. RAGINI

JUDGEMENT

(1.) By this petition filed under Article 226 of Constitution of India, the petitioners challenge the order dated 25.08.1983 passed in Change Report Inquiry No. 612 of 1983 in the matter of a Public Trust. By said orders, the Deputy Charity Commissioner, Nagpur Region, Nagpur, working under Respondent No. 4 herein has held that property shown as property of Public Trust by name Gupta Dharamshala deserved to be deleted from the Register of Public Trust maintained by the office of Respondent No. 4 and has further observed that as there is no property of Trust, the Trust comes to an end. The entries of the Trust made in the Public Trust register were also directed to be deleted. This order was challenged initially before the Division Bench and the petition was entertained as Public Interest Litigation. On 28.12.2004, this Court granted interim relief and restrained present Respondents No. 1 & 2 from carrying on any construction activities on the site of Gupta Dharamshala. This interim order continues to operate even today. On 07.07.2010, Division Bench of this Court found that the litigation was liable to be tried under the provisions of Bombay Public Trust Act, 1950 (hereinafter referred to as the Act) and, therefore, it was not inclined to continue to treat it as Public Interest Litigation. Accordingly, the matter was directed to be placed before the Single Judge.

(2.) In this background, I have heard Shri Shelat, learned Counsel for the petitioners, Shri Madkholkar, learned Counsel for respondents No. 1 & 2, Shri Thakare, learned Counsel for respondent No. 3 and Shri Joshi, learned AGP for respondent

(3.) The contention of Shri Shelat, learned Counsel is, after Trust was registered in the light of dedication effected vide written document dated 16.04.1961, the persons executing that document viz., Gauri Dullayabai and Shamabai did not remain its owner. The trust was registered on 05.12.1961 and Shamabai expired on 28.10.1962. The other lady viz. Gauri Dullayabai expired on 10.05.1971. The present Respondent No. 2 moved Deputy Charity Commissioner by filing an application under Section 22-A of the Act and contended that Gauri Dullayabai executed a Will in relation to property of Public Trust on 10.03.1970 and same was bequeathed to Respondent No. 2, hence, the property needed to be deleted from Public Trust register. Without issuing any notice or public advertisement or public enquiry, Deputy Charity Commissioner mechanically granted that request and thereby ordered de-registration of the Trust.