GANESH RAGHUNATH DHADPHALE Vs. DEPUTY CHARITY COMMISSIONER

JUDGEMENT

(1.) Both the appeals can be disposed of by a common order since the appellants in both these appeals are challenging the judgment and order passed by the 4th Assistant Judge, Pune, who has by his judgment and order dismissed the misc. Application No. 61/76 and misc. Aapplication No. 79/76 and upheld the order passed by the Charity Commissioner who had by his order under section 50 (A) framed a scheme in respect of the trust known as Shri Vakeshwar and Shri Vithal devasthan. Brief facts which are relevant for the purpose of deciding these appeals are as under :-

(2.) Shri Wakeshwar and Shri Vithal devasthan are the deities having two separate temples situated at Pashan, Pune. Initially, by virtue of an inam which was created in favour of the appellant on 9. 5. 1769, the said temple alongwith deities and the adjoining land was given in Inam with the avowed object of worshiping the said deities and performing the religious ceremonies of the said deities. Even exemption was granted on payment of land revenue. It was further categorically stated that the inam was hereditary in character. The said Devasthan was later on registered as a Public Trust under the provisions of the Bombay Public trust Act in the year 1955 and it is an admitted position that the trust owns and possesses the agricultural land. It appears that after recommendation was made by the Assistant Commissioner that a scheme should be granted, the said report was considered by the Charity Commissioner suo motu for the purpose of framing a scheme and accordingly, a scheme was framed by the Charity commissioner wherein inter alia it was held that it was not proper to confine the trusteeship to only one family and therefore, the other members belonging to Hindu community, if found fit, should also be eligible to become the trustees of the said trust and therefore, he changed the mode of hereditary succession and passed the impugned order and directed that the scheme should be, accordingly, brought into force. He also further held that the trust should also spend certain amount of income which was received by them for the purpose of education. Being aggrieved by the said order, the appellants preferred Misc. Applications before the 4th assistant Judge, Pune, who dismissed the said applications and being aggrieved by the aforesaid order, the appellants have preferred these appeals as directed under section 72 of the Bombay Public Trust Act, 1948.

(3.) The learned Counsel for the appellants, shri M. L. Patil and Shri V. S. Gokhale, submitted that no complaint has been received in respect of the management of the trust and no irregularity was noticed even by the charity Commissioner in the functioning of the said trust and as such, it was not necessary to exercise the discretion vested in the charity Commissioner under section 50-A of the said Act for the purpose of framing a scheme. He fairly conceded that the Charity commissioner had an authority under section 50-A to frame a scheme if it was found that it was necessary and expedient to do so. He submitted that however, in this case, since no complaint had been received, there was no reason to frame a scheme and that the sanad whereby the Inam was created itself clearly and categorically had laid down the purpose and object of the said trust. He then submitted that since in the Inam, it was specifically mentioned that the trustees would be appointed from the said family, there was no occasion for the Charity Commissioner to change the hereditary mode of succession. In support of the said submission, he relied on the judgment of the learned Single judge of this Court in the case of (R. P. Kapoor and Ors. Vs. The Charity Commissioner, maharashtra State and Ors. ) , reported in 1988 (3) Bom. C. R. 546: A. I. R. 1989 Bom 274.