Shree Swami Samarth

Letters to Devotees by Shree Maharaj

Letter #13 : Shri Vishwanath Shembekar Esqr.

Extract from the letter written by Shree Maharaj to Shri Vishwanath Shembekar Esqr., Savarde, dated November 11, 1978 printed in the Marathi book ‘Tuchi Baap Dhani’

Received your letter 04/11/78 and understood the contents (thereof). The then Asst. Charity Commissioner, Kolhapur Circle, Shri Pesh Imam conducted the trial and gave judgment that it is a Public Trust. Shri Anant Raghunath Shembekar and his father Shri. Raghunath Shembekar pleaded that the estate is owned by them and that it has been given to them by their grandfather. But the entire evidence and the assistance rendered by the local people and those residing elsewhere for the construction of Datta Mandir was considered in totality and the Asst. Charity Commissioner dismissed their complaints and decided that it is a Public Trust.

Your father and your grandfather, both of them used to perform Pooja, Panchapadi (reading of religious books) everyday in the morning and in the evening (in Datta Mandir) and at the time of Utsav they used to ask for Bhiksha in neighboring villages too. They have also received assistance from other people of the required material at the time of construction of the temple. Late Seetarambuwa was then alive and his statement was recorded at that time. The case was heard for three years, entire evidence – circumstantial, documentary and oral was considered and then the judgment was delivered. You may obtain certified copies of the entire record of the case from Kolhapur office and you must fight the case with the assistance of a good lawyer, who will not switch to the opponent party. You are also one of the Trustees and you also have received the order and notices from Charity Commissioner’s Office at Kolhapur.

Once the Charity Commissioner has given Decision 16 years ago then again there can not be an Appeal before the same Asst. Charity Commissioner. Such Appeal is time barred. It is called ‘Res judicate’. Your advocate will explain it to you. Besides the Regional Inspector does not have authority to accept (such) new application. If they wanted to go in for appeal against (the judgment) they should have done it within 90 days. Now after 16 years it will not be of any help. Even then you represent the matter through your advocate.

Your advocate will have to consider the provisions under the (1) Charities Trust Act (2) Limitation Act (3) Evidence Act and (4) will have to collect and consider in entirety the circumstantial evidence, all information and oral statements recorded earlier. This Appeal has no basis. All this information can be collected by any good Advocate. Therefore you may engage a good advocate, give him entire information and only then take further steps (in the matter).

The suggestion to submit a fresh application (in the matter) smells of some underhand dealing. I feel the Regional Inspector has no right to advise to submit new application. Therefore consult your Advocate and proceed as per their advice.

Rest is O.K. Blessings to your family and your daughter.

With blessings to you,