SANJAY KERBA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard both sides.

(2.) BY this petition, order dated 22nd September 2006 passed by the Deputy Charity Commissioner, Kolhapur Region, Kolhapur below Exhibit 12 in Application No.5 of 2005 is challenged. Application No.5 of 2005 is a proceeding under the Bombay Public Trusts Act, 1950 for framing a scheme of the Sadaguru Balumma Devalaya Trust, Adamapur, Taluka - Bhudargad, District - Kolhapur. The application to frame a scheme has been submitted by the respondent no.3. The present petitioners desire to intervene in the said scheme proceeding, and therefore application Exhibit -12 was submitted by them to allow them to intervene in the proceeding under section 50-A of the Bombay Public Trusts Act, 1950.

(3.) THE petitioners claim that they are the villagers of village - Admapur where the trust is established. They say that they are the devotees of the said deity, ie., Sadguru Balumama, therefore, they are interested in the trust. In order to show their interest in the trust, affidavits of as many as 23 persons have already been filed. Though in the said affidavits they have stated that the trust scheme was submitted by the respondents without taking them into confidence but they desire to intervene in the matter and they are interested in seeing that the villagers are properly represented in the scheme proceeding. Learned counsel for the petitioner specifically submitted before this Court that the petitioner - villagers are not interested in challenging the registration of the trust but they are interested in the proper administration of the trust therefore they want to participate in the proceedings. The statement is accepted. Since the trust exists and the existence of the trust is admitted by the petitioners and since they are the devotees of the trust they are naturally interested in the better administration of the trust. Since they are the persons having interest in the trust they are necessary parties to the scheme proceedings. Learned counsel for the respondent very vehemently tried to submit before this Court that the petitioners and other villagers have not filed objections when the public notice was issued by the Charity Commissioner therefore they could not be allowed to participate in the proceeding. However, to the extent that they are the devotees there is no challenge given by the learned counsel for the respondent. Therefore, it is a fact on record that the petitioners are the devotees of the said Devalaya and in that capacity they are entitled to participate in the scheme proceeding under section 50-A of the B.P.T. Act. Therefore the impugned order passed by the Deputy Charity Commissioner on 22.9.2006 is quashed and set aside. The petitioners are allowed to intervene in the scheme proceeding under section 50-A of the B.P.T. Act. Rule made absolutely accordingly.