JAGDISHCHANDRA POPATLAL DODHIWALA Vs. KHANDESH EDUCATION SOCIETY ANDOTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution challenges the order passed by the learned Assistant Judge, Dhule, below Miscellaneous Civil Application No. 6 of 1978 preferred by the Board of Trustees of a public trust Khandesh Education Society for opinion, advice or directions under section 56-A of he Bombay Public Trusts Act, 1950 (hereinafter the Act). The very short but rather interesting question arising herein and on which, I am informed by the learned Advocates, there is no direct authority of this Court is:

(2.) Hearing and considering the rival submissions of Mr. B.P. Apte for the petitioner, Mr. M.R. Kotwal for the contesting respondents Nos. 4 and 5 Mr. R.V. Desai for the other respondents, I find it difficult to resist the preliminary contention of Mr. B.P. Apte that the instant application for directions was per se not maintainable under section 56-A of the Act.

(3.) Turning to section 56-A, one finds that it relates to opinion, advice or direction of the Court on any question affecting: