MAROTI MALHARRAO GADKARI Vs. VITTHAL GOVINDRAO DAHAKE

JUDGEMENT

(1.) By this writ petition, the petitioners have challenged order dtd. 28/8/2020 passed by the Joint Charity Commissioner, whereby proceeding in an application filed under Sec. 47 of the Maharashtra Public Trusts Act, 1950 (For short 'the said Act'), at the behest of the petitioners, has been directed to be stayed till change reports filed by the rival parties to the proceedings are decided on merits finally and conclusively.

(2.) The learned counsel appearing for the petitioners submits that under Sec. 47 of the said Act, the respondent Joint Charity Commissioner ought to have decided the application filed by the petitioners on merits, rather than staying the proceedings, only on the ground that change reports are pending. It is submitted that a perusal of Sec. 47 of the said Act would show that the Joint Charity Commissioner could have exercised power in the facts and circumstances of the present case.

(3.) On the other hand Mr Shambharkar, learned counsel appearing for the contesting respondent Nos. 1 and 2, submitted that a number of change reports have been filed by the rival groups and they are pending before the Deputy Charity Commissioner. In such a situation it could not be said that there was no Trustee for the Trust in question and therefore, the Joint Charity Commissioner thought it fit to stay the proceedings till the change reports stood decided.