Case Note & Summary
The petitioners, who claimed to be trustees of a public trust, challenged the order of the Assistant Charity Commissioner registering the trust under Section 18 of the Maharashtra Public Trusts Act, 1950 without notice to them. They also challenged the Charity Commissioner's order directing an inquiry under Section 19 of the Act. The High Court held that registration under Section 18 is an administrative act and does not require prior hearing. However, any person aggrieved can apply for inquiry under Section 19, which was already ordered. The court found that the revision against the Charity Commissioner's order was not maintainable as it was an interlocutory order. The revision was dismissed, and the petitioners were directed to participate in the inquiry under Section 19.
Headnote
A) Public Trusts - Registration of Trust - Section 18, Maharashtra Public Trusts Act, 1950 - Suo motu registration - The Assistant Charity Commissioner registered a trust under Section 18 without notice to the petitioners, who claimed to be trustees. The court held that registration under Section 18 is administrative and does not require prior hearing, but any aggrieved person can apply for inquiry under Section 19. (Paras 5-10) B) Public Trusts - Inquiry by Charity Commissioner - Section 19, Maharashtra Public Trusts Act, 1950 - Power to conduct inquiry - The Charity Commissioner directed an inquiry under Section 19 to determine whether the trust is public and who are its trustees. The court upheld this order, noting that the petitioners' remedy lies in participating in the inquiry. (Paras 11-15) C) Civil Procedure - Revision - Maintainability - Section 115, Code of Civil Procedure, 1908 - Interlocutory orders - The revision against the Charity Commissioner's order directing inquiry was held not maintainable as it was an interlocutory order not finally deciding rights. The court dismissed the revision. (Paras 16-20)
Issue of Consideration
Whether the Assistant Charity Commissioner was justified in registering the trust under Section 18 of the Maharashtra Public Trusts Act, 1950 without giving notice or hearing to the petitioners, and whether the Charity Commissioner's order directing inquiry under Section 19 was proper.
Final Decision
The High Court dismissed the civil revision application, holding that the order directing inquiry under Section 19 is interlocutory and not revisable. The petitioners were directed to participate in the inquiry under Section 19.
Law Points
- Charity Commissioner's power to conduct inquiry under Section 19 of Maharashtra Public Trusts Act
- 1950
- Suo motu power to register trust under Section 18
- Right of hearing before registration
- Maintainability of revision against interlocutory orders
