MOHD ABDUL RASHEED Vs. DEPUTY CHARITY COMMISSONER

JUDGEMENT

(1.) The learned Single Judge (Coram : V.R. Kingaonkar, J.) by his order dated 24.4.2007 has made Reference to Larger Bench and accordingly by orders of Honourable the Chief Justice this Special Bench is Constituted. The point of Reference can be summed up as follows :-

(2.) In second appeal No. 824 of 2006 the learned Judge has expressed view that application to District Court or an appeal to this Court are not tenable against interim order passed under section 41-D(3) of the Bombay Public Trusts Act, 1950 (hereinafter referred to, "the Act of 1950"); whereas in Writ Petition No. 656 of 1999 view is expressed by the learned Judge (Coram : B.H. Marlapalle, J.) that such application to District Court and an appeal to High Court are tenable.

(3.) Before we proceed to the arguments advanced before us, we may reproduce section 41-D of the Act of 1950 for ready reference. It is as follows :-