DARA H. SATPATIWALA Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for final disposal.

(2.) This petition is filed for challenging order dated 15 th July 2022, passed by the Learned Joint Charity Commissioner, Pune region, Pune in Application No. 27 of 2022, filed by the petitioners under sub-sec. (3A) of Sec. 36A of the Maharashtra Public Trust Act, 1950 ('Trust Act'). The said application is rejected for want of jurisdiction.

(3.) Learned counsel for the petitioners submitted that the application has been erroneously dismissed on the ground that the learned Joint Charity Commissioner has no jurisdiction to decide the application filed under sub-sec. (3A) of Sec. 36A of the Trust Act. He submits that the Joint Charity Commissioner is empowered to exercise all the powers of the Charity Commissioner and hence has jurisdiction to decide the application filed by the petitioners. Learned counsel submitted that even though sub-sec. 3A of Sec. 36A provides for the grant of ex post facto sanction by the Charity Commissioner, even the Joint Charity Commissioner has jurisdiction of the Charity Commissioner to decide the said application.