Yohan G. Immanuel And ORS. v. Charity Commissioner, Mah. Authorities, Bombay Public Trust Act. And ANR.

P-20 wp 667-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 667 OF 2017 Yohan G. Immanuel & Ors.

..Petitioners v/s.

Charity Commissioner & Anr.

..Respondents Mr. Pranil Sonawane i/b. Mr. Rahul Agarwal for the Petitioner. Mr. Manish Pabale, AGP for the Respondent-State. CORAM : A.S.OKA & ANUJA PRABHUDESSAI, JJ.

DATED : 18TH JANUARY, 2017 P.C.

1.

Not on Board. On production, taken on board. 2.

The only substantive prayer in this petition is for directing the Assistant Charity Commissioner, Kolhapur to decide the pending Change report of the year 2013. The proceedings of the change report are held to be judicial proceedings. A judicial notice will have to be taken of the fact that in all the Charity Offices in the State of Maharashtra there is a huge pendency of the change reports. pps

P-20 wp 667-17.doc Therefore, if the petitioner wants out of turn priority to be given to the hearing of the change report, it will be open for the petitioner to make an application to the second respondent. If such an application is made by the petitioner to the learned Deputy Charity Commissioner, after taking into consideration the pending matters before him, the Deputy Charity Commissioner will take appropriate decision in accordance with law.

3.

Subject to what is observed above, the writ petition is disposed of.

(ANUJA PRABHUDESSAI, J.) (A.S.OKA, J.) pps