Case Note & Summary
The petitioner, Shri Siddheshwar Devasthan Trust, Solapur, filed a writ petition under Article 227 of the Constitution of India challenging an order passed by the Charity Commissioner under Section 72 of the Maharashtra Public Trusts Act, 1950. The respondent, Sanjay Bhimashankar Thobde, had filed an application before the Charity Commissioner which was allowed. The Trust, being aggrieved, approached the High Court. The Court noted that the petitioner has an alternate remedy of appeal under Section 72 of the Act. The Court held that the writ petition is not maintainable in view of the availability of an alternate remedy. The Court dismissed the petition with liberty to the petitioner to file an appeal before the appropriate forum within a period of four weeks from the date of the order. The Court also directed that if such an appeal is filed, the appellate authority shall decide the same on its own merits without being influenced by the dismissal of the writ petition.
Headnote
A) Public Trusts - Maintainability of Appeal - Section 72 of Maharashtra Public Trusts Act, 1950 - The petitioner challenged the order of the Charity Commissioner under Section 72 of the Act. The Court held that the petitioner has an alternate remedy of appeal under Section 72 of the Act and therefore the writ petition is not maintainable. The Court dismissed the petition with liberty to file an appeal. (Paras 1-5) B) Writ Jurisdiction - Alternate Remedy - Article 227 of Constitution of India - The Court held that when an alternate remedy is available, the writ petition under Article 227 should not be entertained. The Court dismissed the petition with liberty to file an appeal. (Paras 1-5)
Issue of Consideration
Whether the writ petition challenging the order of the Charity Commissioner under Section 72 of the Maharashtra Public Trusts Act, 1950 is maintainable when an alternate remedy of appeal under Section 72 of the said Act is available.
Final Decision
The writ petition is dismissed. The petitioner is granted liberty to file an appeal under Section 72 of the Maharashtra Public Trusts Act, 1950 before the appropriate forum within four weeks from the date of the order. If such an appeal is filed, the appellate authority shall decide the same on its own merits without being influenced by the dismissal of the writ petition.
Law Points
- Maintainability of appeal under Section 72 of Maharashtra Public Trusts Act
- 1950
- Existence of alternate remedy
- Scope of writ jurisdiction under Article 227 of Constitution of India
