BABURAO Vs. SHRIRAM

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 8/2/2011 passed by the incharge Deputy Charity Com-missioner by which, application (Exh. 13) filed by the petitioners came to be rejected. The petitioners herein are the respondents in the application filed by the petitioners under section 41-A of the Bombay Public Trust Act, 1950 for seeking directions for the proper administration of the affairs of the Society known as 'Shri Vivekanand Seva Sangh, Lehgaon', Tq. Morshi. The said ap-plication was numbered as 219 of 2010. To the said application, the petitioners initially filed their reply on 31/1/2011. Thereafter, on 8/2/2011, the petitioners filed two appli-cations. The said applications were numbered as Exh. 13 and 14. In so far as Exh. 14 is concerned, the same was filed on record for seeking permission to file certain documents on record, whereas application Exh. 13, as mentioned herein above, was filed for seek-ing permission to file additional reply. In so far as application (Exh. 14) was concerned, the incharge Deputy Charity Commissioner has allowed the same by order dated 8/2/ 2011. However, in so far as application Exh. 13 is concerned, the authority has rejected the same primarily on the ground that there is no averement in the application as to why the additional say is necessary.

(3.) Heard the learned Counsel for the parties.