BEFORE THE JOINT CHARITY
COMMISSIONER
NAGPUR REGION NAGPUR.
/2023
Revision Application No.
(In the matter
of .........................................................................
........................., Nagpur,
P.T.R. No.
A-.........................................................................
.........................(N)
APPLICANT: ……………,
Aged 36 years, Occu.: Secretary
Shri …………………..
Mandir, Nagpur.
R/o Plot No 56, ………………….,
Nagpur440030
- Versus –
NON-APPLICANT: …………………….
Aged about 60 years,
R/o Near
r.
REVISION UNDER SECTION 70-A
MAHARASHTRA PUBLIC TRUST
ACT, 1950.
Being aggrieved by the order passed by
the Assistant Charity Commissioner, Nagpur
dated 17/9/1998 and in C.R.
No. ........................... dated 17/9/1998 and
further passed the order in Misc. Application No.
........................... dated 8/2/2022, the
applicant is challenging the same on following
facts and grounds.
FACTS
1. That, the applicant is a secretary of
............................................................................
......................, Nagpur which is a registered public
trust bearing registration No.
A-.........................................................................
.........................(N). The said trust has its object.
2. That, one ABC who was a trustee
and became secretary as per the resolution dated
17/3/1996 and along with him one PQR who was
inducted as treasurer. The Non-applicant was earlier
secretary and in his place Mr. Abc became secretary he
filed Change Report No. ........................... but
inadvertently, the same was filed beyond 90 days. The
said change report is rejected on technical ground as it
was filed beyond limitation the same was rejected on
17/9/1998. The said .abc expired on July,2019 .Since
all the administration was looked after by .abc nothing
was done on his part and after his death, when the
Applicant came to know that change report
No. ........................... was rejected on technical
ground, he moved Misc. Application
No. ............................ It was contended that the
said change report be restored and the necessary
objections can be removed and matter can be and
decided on merit. But the Learned Lower Authority
rejected the application vide order dated 8/2/2022 and
being aggrieved by these 2 orders, the applicant is
filing the present revision on following ground.
GROUND
A) That, the impugned orders are on
technical ground needs to be quashed and set aside,
change report be decided on merits. The applicant is
ready to remove the objection and other technical
grounds so that the change report can be decided.
B) That because of the rejection of the
impugned change report subsequent change report are
also suffering and therefore the schedule-1 of the trust
is unable to get updated.
C) That, the impugned orders needs to be
quashed and set aside as the same are not decided on
merits of the case on merely technical ground. The
change report needs to be decided on merits, in view
of the law laid down by the Hon'ble High Court in 1980
MHLJ Page 372.So also contrary to the office of the
charity commissioner
D) That, the impugned orders are illegal,
unjust and improper needs to be quashed and set
aside and matter needs to be remanded for fresh
enquiry on merits.
E) That, though the impugned order dated
17/9/1998 is not question as the then secretary Mr.
ignorant .abc ...................... was ignorant about the
impugned order as subsequent change report bearing
Change Report No. 1504/2004 was accepted on
22/2/2006 wherein PQR name was deleted and XYZ
was inducted as treasurer but later on when the
applicant took over as a secretary he took inspection
of the record and found that Change Report
No. ........................... was rejected on 1998 then
17/9/1998 then he immediately filed an application
bearing Application No. ........................... and the
said was rejected on 8/2/2022. Thereafter the
applicant was busy in arranging the office of the trust
so also one of the trustee who illegally entered /
Stayed in the temple and created a scene in the
temple which is of Shri ...................... Trust .
Therefore, most of time was consumed in the said
issue of the administration and hence, the applicant
was required to spend time and hence, he could not
file the proceeding immediately.But in the larger
interest of justice, the revision needs to be decided
allowed and matter be remanded for further
decision .That revision as per the settle law no
limitation is required for revision. Hence, the present
revision be decided on merits by allowing the present
revision and remand the Change Report
No. ........................... for fresh enquiry.
3)That the document annexed with the revision are the
exact copy of the original and translation of
vernaculars will be supplied as and when demanded by
the Hon'ble Authority.
Hence this revision.
PRAYER: It is therefore prayed that this
Hon'ble Authority be pleased
to;
1)Quash and set aside the
order dated 17/9/1998 in
Change Report
No............................ and
order dated 8/2/2022 in Misc.
Application
No............................ and
further remand Change
No............................ for
fresh enquiry;
2)Any other relief, which this
Hon'ble Authority deems fit
and proper in the
circumstances, be granted in
the interest of justice.
NAGPUR
DATE:09 /03/2023
APPLICANT
COUNSEL FOR APPLICANT
SOLEMN AFFIRAMTION
I, ……………..i, aged about 36 years. Occupation :
Secretary
of .........................................................................
........................., Nagpur, R/o Plot No.,
………………………….. Nagpur 440030, do hereby take
oath and state on solemn affirmation that the contents
of above paras 1 to 4 have been drafted by my counsel
as per my instructions and read over and the same has
been explained to me in vernacular by my counsel and
found to be true and correct to the best of my
knowledge and belief.
Hence, verified and signed on this of March, 2023 at
Nagpur. day
I know and identify the deponent
DEPONENT
Advocate
