KASHINATH TRIMBAK SANE Vs. SAU. BHARAT ATMARAM SURYAWANSHI

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 3rd July 2008 passed by the Assistant Charity Commissioner, Satara Region, Satara (Assistant Charity Commissioner) in Scheme Application No.22 of 2007 which was confirmed by the District Judge, Karad in Misc. Application (Trust) No.74 of 2011 on 30th November 2011.

(2.) Respondent Nos.1 and 2 herein i.e. original applicants filed Scheme Application No.22 of 2007 before the Assistant Charity Commissioner under section 50A( 1) of the Bombay Public Trusts Act 1950 (the said Act) praying therein to frame and settle a scheme for better and efficient management of devasthan in question. It is the case of the appellants that, along with enquiry (scheme) application, respondent Nos.1 and 2 filed a draft scheme, consent letters of two proposed trustees appointed under the scheme, photocopies of handwritten proceedings of meeting dated 15th October 2007, list along with signatures of villagers who have attended the meeting, photocopy of P.TR. extract and affidavit of applicant in lieu of examination in chief.

(3.) On 16th April 2008, the Assistant Charity Commissioner issued notice to the opponents. It is the case of the appellants that in absence of the appellants, the Assistant Charity Commissioner was pleased to hear respondent Nos.1 and 2 and allowed the enquiry (scheme) application No.22 of 2007 thereby confirming the scheme of Bahuleshwar Dev, Bahule, Taluka Patan, Dist. Satara having its registration No.A52/ Satara and further ordered that the names of the persons shown at clause 6 of the settled scheme at AnnexureA shall be the first Board of Trustees and further it was ordered that the devasthan shall be administered as per the provisions of the scheme.