Gajanan P. Bherde, Founder Memeber And Ex-Joint Secretary v. The State Of Maharashtra And ORS.

rsk 1 P-18-WP-1351-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.1351 OF 2017 Gajanan P. Bherde, Founder Member and Ex-joint Secretary

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Mr. Rahul Shivaji Kadam for the Petitioner.

Mr. Manish Pabale, AGP for the Respondent/State. CORAM : A.S.OKA AND ANUJA PRABHUDESSAI,JJ.

DATE : 31st January 2017.

P.C.:

.

Not on board. Taken on board.

2.

Heard the learned counsel appearing for the Petitioner. 3.

The prayer in this Petition is under Article 226 of the Constitution of India for issue of a writ of mandamus directing the learned Joint Charity Commissioner, Mumbai to dispose of pending Application No.10 of 2014 and Suo Motu Application No.431 of 2016 under section 41-D of the Maharashtra Public Trust Act, 1950 within a period of 3 months from today. Reliance is placed on a circular dated 11th March 1986 issued by the learned Charity Commissioner fixing upper limit for disposal of various categories of cases. 4.

According to the said circular, the upper limit for disposal of cases under section 41D is 11⁄2 years. Firstly, as far as Suo Motu Application No.431/2016 under section 41D is concerned, the period of 11⁄2 years has not expired. Secondly, after 1986, the situation has drastically changed in the offices of the Charity Commissioner in the

rsk 2 P-18-WP-1351-17.doc State. The filing has increased manyfold and so is the pendency. The proceedings under section 41D are quasi judicial proceedings. The learned Joint Charity Commissioner is aware of the urgency involved in the said proceedings.

5.

If the Petitioner is of the view that the proceeding is being delayed, he can file an application before the Joint Charity Commissioner and seek appropriate relief.

6.

Subject to what is observed above, Writ Petition is rejected. (ANUJA PRABHUDESSAI,J) (A.S.OKA,J.)