Case Note & Summary
The petitioners challenged an order dated 02.09.2013 passed by the Deputy Charity Commissioner, Nagpur under Section 51 of the Bombay Public Trust Act, 1950 in Application No. 1507 of 2010. The original applicant, Smt. Sitabai Nankuprasad Gupta, had died on 31.05.2013, but this fact was not brought to the notice of the Deputy Charity Commissioner before passing the order. The High Court noted that there was no dispute regarding the death of the original applicant. Consequently, the court held that the order impugned was passed after the death of the applicant and therefore needed to be quashed and set aside. The court also permitted the respondent Nos. 9 to 14, who claimed to be the legal heirs of the deceased applicant, to be added as respondents and to prosecute the application. The writ petition was allowed, and the order dated 02.09.2013 was quashed and set aside. The matter was remitted back to the Deputy Charity Commissioner for fresh consideration with the legal heirs.
Headnote
A) Charity Law - Abatement of Proceedings - Death of Applicant - Order passed after death of applicant is void - The Deputy Charity Commissioner passed an order on 02.09.2013 under Section 51 of the Bombay Public Trust Act, 1950, but the original applicant had died on 31.05.2013, which fact was not brought to the notice of the authority. The High Court held that the order impugned needs to be quashed and set aside as the proceedings had abated. (Paras 3-5)
B) Charity Law - Legal Heirs - Substitution - Legal heirs of deceased applicant permitted to prosecute application - The respondent Nos. 9 to 14, claiming to be legal heirs of the original applicant, were permitted to be added as respondents and to prosecute Application No. 1507 of 2010. (Para 4)
Issue of Consideration
Whether an order passed under Section 51 of the Bombay Public Trust Act, 1950 after the death of the original applicant is valid and whether legal heirs can be permitted to prosecute the application.
Final Decision
The writ petition is allowed. The order dated 02.09.2013 passed by the learned Deputy Charity Commissioner, Nagpur is quashed and set aside. The legal heirs of the original applicant are permitted to prosecute Application No. 1507 of 2010.
Law Points
- Abatement of proceedings on death of applicant
- Legal heirs can prosecute application
- Order passed after death of applicant is void
Case Details
2016 LawText (BOM) (09) 119
WRIT PETITION NO. 2570 OF 2014
Shri A.P.Thakare for Petitioners, Shri N.S.Rao AGP for Respondent No.1, Shri A.V.Khare for Intervenors (L.Rs of R2), Shri Tejas Deshpande for R5
Bal Mandir Sanstha and Others
Deputy Charity Commissioner, Nagpur and Others
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Nature of Litigation
Writ petition challenging order passed under Section 51 of the Bombay Public Trust Act, 1950 by Deputy Charity Commissioner.
Remedy Sought
Quashing of order dated 02.09.2013 passed by Deputy Charity Commissioner in Application No. 1507 of 2010.
Filing Reason
The order was passed after the death of the original applicant Smt. Sitabai Nankuprasad Gupta, without her legal heirs being on record.
Previous Decisions
Order dated 02.09.2013 passed by Deputy Charity Commissioner, Nagpur in Application No. 1507 of 2010.
Issues
Whether the order passed under Section 51 of the Bombay Public Trust Act, 1950 after the death of the original applicant is valid.
Whether legal heirs of the deceased applicant can be permitted to prosecute the application.
Submissions/Arguments
Petitioners argued that the order was passed after the death of the original applicant and hence is void.
Legal heirs of the deceased applicant sought to be added as respondents and to prosecute the application.
Ratio Decidendi
An order passed by a statutory authority after the death of the applicant, without bringing the legal heirs on record, is void and liable to be quashed. Legal heirs can be permitted to prosecute the application.
Judgment Excerpts
There is no dispute that the original applicant Smt. Sitabai Nakuprasad Gupta died on 31.05.2013 and this fact was not brought to the notice of the learned Deputy Charity Commissioner, who passed an order impugned in this petition. In view of this, the order impugned needs to be quashed and set aside.
In the present petition, the respondent Nos. 9 to 14, who are claiming to be the legal heirs of Smt. Sitabai Nankuprasad Gupta, the original applicant, were permitted to be added as respondents and they wanted to prosecute the Application No. 1507 of 2010, which can be permitted.
Procedural History
The original applicant Smt. Sitabai Nankuprasad Gupta filed Application No. 1507 of 2010 under Section 51 of the Bombay Public Trust Act, 1950 before the Deputy Charity Commissioner, Nagpur. She died on 31.05.2013. The Deputy Charity Commissioner passed the impugned order on 02.09.2013 without noting her death. The petitioners filed Writ Petition No. 2570 of 2014 challenging that order. During the pendency of the petition, respondent Nos. 9 to 14 claiming to be legal heirs were added as respondents.
Acts & Sections
- Bombay Public Trust Act, 1950: Section 51
