DNYANDEO KRISHNA CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) FOR the final disposal of this writ petition, it is not necessary to go into all the details pleaded by the petitioners in the petition and details given by the respondents in their respective affidavits in return. Considering the nature of dispute between petitioners and respondents Nos. 5 and 6, we do not propose to go into all details. The scope of the petition has to be limited to the relief sought by the petitioners and the facts which are relevant only for that purpose are being narrated. We make it clear that we are not expressing our opinion on any other matters which the parties have tried to bring on record.

(2.) THE petitioners have contended that Kustha Seva mandal is a public trust registered under the Bombay Public trusts Act. It is running an Ayurvedic College and Hospital at Sakegaon at a distance of 5 kms. from Bhusawal. The petitioner No. 1 is the Secretary of the Trust since beginning while the respondent No. 5 was the Chairman of the governing Council of the Trust since beginning. The petitioner No. 2 is the son of petitioner No. 1 and is also connected with the said Trust. The respondent No. 6 is the son of the respondent No. 5. There is dispute between petitioners Nos. 1 and 2 and respondents Nos. 5 and 6 regarding the composition of the Governing Council and management of the Trust and that dispute has given rise to the present petition.

(3.) THE petitioners have contended that on 1-3-1998, the respondents Nos. 5 and 6 along with many other persons broke open all the locks of the office building and gate of the college premises, entered in the building unauthorisedly and took away registers and records. While doing so, they gave threats to the employees who were present there and created fear in their mind. The petitioner No. 1 filed report regarding this incident at Taluka Police Station, Bhusawal, on 1-3-1998 at about 10-30 p. m.