FATHER THOMAS SHINGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the Counsel for respective parties. Rule. Taken up for final hearing forthwith.

(2.) THE applicant No. 1 is the Principal of the Little Flower High School at Aurangabad and the applicant No. 2 is the President of the Saint Francis De Sales Education Society, Aurangabad and he is also the Bishop of Aurangabad Diocese, whereas, the applicant Nos. 3 and 4 are the members of the Saint Francis De Sales Education Society, Aurangabad. The daughter of the respondent No. 2 - Deelip Balrang Bedekar was studying in the Little Flower High School which is run by Saint Francis De Sales Education Society (Hereinafter referred to as the education society for short) which is a public trust, registered under the Bombay Public Trusts Act.

(3.) IT is alleged that on 11-10-1993, the applicant No. 2 recovered from the respondent No. 2 an amount of Rs. 180/- towards the School Maintenance Fees vide receipt No. 0018156 and this receipt was issued by R. C. Church, Cantonment, Aurangabad, which is another public trust and has no concern with the Little Flower School or the education society. It is further alleged that subsequently on four different occasions, different amounts were demanded and recovered from the respondent No. 2 by the applicant No. 2 and similar receipts of R. C. Church Cantonment, Aurangabad, were issued.