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.) It is well established that the scheme under section 50-A of the B.P.T. Act is to be framed by the Charity Commissioner and by the Deputy Charity Commissioner under the delegated powers for the better administration and management of the trust. Therefore, while framing such a scheme all those persons who are interested in the administration of the trust should be heard and thereafter the scheme should be framed.