SAILESH DEVLOPERS Vs. JOINT CHARITY COMMISSIONER MAHARASHTRA

JUDGEMENT

(1.) A Division Bench of this Court (Corarn Smt. Ranjana Desai and abhay S. Oka, JJ. ) found that there was a divergence of opinion between two Division benches of this Court as regards powers of charity Commissioner under section 36 (1) of The Bombay Public Trusts Act, 1950 (hereinafter referred to as the said Act of 1950). Therefore, a direction was issued to place the papers of these petitions before the Honourable the Chief Justice for passing appropriate direction in accordance with Rule 28 of the High Court, (O. S. ) Rules for making a reference to larger Bench. The questions formulated by the Division Bench for a decision by a larger Bench read thus:

(2.) The Division Bench referred to a decision of another Division Bench (Coram : a. P. Shah and Dr. D. Y. Chandrachud, JJ) in the case of (Jigna Construction Co. , mumbai Vs. State of Maharashtra and others) , decided on 2nd December 2005. The relevant part of the decision of Division bench reads thus :

(3.) Another Division Bench of this Court (Coram: H. L. Gokhale and Mrs. R. S. Dalvi, jj. ) in Letters Patent Appeal No. 419 of 2004, 454 of 2004 and 448 of 2004 (Mr. A. R. Khan Construwell and Co. Vs. Youth education and Welfare Society and others) , decided on 23rd September 2005 reported in 2006 (1) Bom. C. R. 170 held thus :