ANIL S/O GOVINDRAO SHIRKHEDKAR Vs. BABANRAO GANPATRAO

JUDGEMENT

(1.) ADMIT . Heard finally by consent of the learned counsels appearing for the parties.

(2.) THE learned Deputy Charity Commissioner, Amravati, by the judgment and order dated 14-8-2000 passed in Application No.31 of 2000, filed by the respondent Nos.1 to 9 under sub-section (1) of Section 50A of the Bombay Public Trusts Act, 1950 (for short, "the BPT Act "), framed a Scheme in respect of "Shri Hanuman Mandir, Wedapur, Tq. Warud, Distt. Amravati " (for short, "the said Trust "), bearing PTR No.A-1287 (Amravati), as per Annexure-A appended to the said judgment and order. This was the subject-matter of challenge by the appellant in Misc. Civil Appeal No.168 of 2009, which has been dismissed by the learned District Judge-2, Amravati, by his judgment and order dated 14-9-2010. Hence, this second appeal.

(3.) IN Misc. Civil Appeal No.168 of 2009 preferred by the appellant under Section 72 of the BPT Act before the learned District Judge-2, Amravati, it was urged that after the death of his father, he automatically became a Trustee of the said Trust, in view of the fact that the Trusteeship devolved upon him by survivorship. A specific question was raised that the provision of sub-section (1) of Section 50A of the BPT Act read with Rules 7 and 7A of the Bombay Public Trusts Rules, 1951 (for short, "the BPT Rules ") requires a personal notice as well as a public notice to be issued to the Trustees while framing a Scheme. Undisputedly, no such notice was issued and, therefore, the order framing a Scheme stands vitiated. The learned District judge has held that no personal notice or public notice was required to be issued, while framing a Scheme under Section 50A of the BPT Act read with Rules 7 and 7A of the BPT Rules. It is further held that after the demise of the original Trustee, there was no Trustee and no Change Report under Section 22 of the BPT Act was filed by the appellant. Hence, the appellant cannot be said to be a Trustee of the said Trust, entitled to issue of such notice under sub-section (1) of Section 50A of the said Act read with Rules 7 and 7A of the BPT Rules.