DAMODAR JAIRAM SAO Vs. DEPUTY CHAITY COMMISSIONER

JUDGEMENT

(1.) This writ petition preferred under Articles 226 and 227 of the Constitution of India challenges the directions issued on 5-4-2010 by the Deputy Charity Commissioner, Nagpur, on the application under Section 41A of the Bombay Public Trusts Act, 1950 (for short, "the BPT Act"), registered as Application No.1520 of 2009. The petitioner is directed not to interfere in the affairs of Punyashlok Vidyaniketan, Khumari, Tahsil Ramtek, District Nagpur, and further not to pose himself as the President of the said Trust and not to issue the communications to various authorities in the capacity of the President of the said Trust.

(2.) Punyashlok Ahilyadevi Shikshan Sanstha, Mansar, Tahsil Ramtek, District Nagpur, is a Society registered under the provisions of the Societies Registration Act, 1860 and also a Public Trust registered under the provisions of the BPT Act. The said Trust is running Punyashlok Vidyaniketan, Khumari, Tahsil Ramtek, District Nagpur, a School, which is recognized by the Department of Education, State of Maharashtra, and is being run on grand-in-aid basis. The respondent No.2 Wasudev Bholanath Pund claims to be the Secretary of the said Trust, whereas the respondent No.3 Ku. Milan H. Gaudia claims to be the Head Mistress of the said School, approved by the Education Officer. The petitioner claims to be the President of the said Trust.

(3.) The respondent Nos.2 and 3 filed Application No.1520 of 2009 under Section 41A of the BPT Act restraining the petitioner from unnecessarily interfering in the affairs of the School and from acting as the President of the Trust and issuing the communications in that capacity to various authorities. The said application has been allowed by the Deputy Charity Commissioner after hearing the parties concerned, issuing directions on 5-4-2010, which is the subject-matter of challenge in this petition.