KESHAV BHASKAR CHANDLE Vs. RANCHODDAS VITHALDAS NATHANI

JUDGEMENT

(1.) HEARD counsel of the parties. The impugned order copy of which is produced by the petitioner at page 48 of the petition dated 16. 1. 1998 in Application no. 4/1997 passed by respondent no. 4 shows that on forming an opinion that the scheme for better administration of the trust needs to be framed, that order was passed.

(2.) WHEN the petition was heard, this court on 4. 8. 1998 has passed the following order: coram: D. K. Deshmukh, J. Date:4th AUgust, 1998 notice before admission was issued. The respondents are served. Heard the learned counsel for the petitioner and respondent No. 1. None appears for respondent No. 4, Deputy Charity Commissioner, whose order is challenged in this petition. It appears that the Deputy Charity Commissioner, respondent no. 4 has made an order for framing of a Scheme without recording the satisfaction that the present Constitution of the Trust has become unworkable. In this view of the matter, in my opinion, this petition deserves to be admitted. Rule. Rule returnable in four weeks. Interim relief in terms of prayer clause (ii ).

(3.) IT appears that this court was of the opinion that the Deputy charity Commissioner respondent no. 4 has made an order of framing of Scheme without recording satisfaction that the present constitution of the trust has become unworkable. Some of the facts those emerged are thus. Petitioners No. 1 to 3 and respondent no. 1 and 2 were appointed as Body of Fit Persons to run the administration of the trust earlier by order dated 27. 11. 1989. The challenge in the petition is to the framing of Scheme by respondent no. 4.