Daljitsingh Tiratsingh Gurudatta And ORS. v. Shri. Gurusingh Sabha, Pune And ORS.

1 wp1088-15 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1088 OF 2015 Daljitsingh Tiratsingh Gurudutta ..Petitioner.

V/s.

Gurusing Sabha & Ors.

..Respondents.

Mr.N.V.Vechalekar i/b. N.V. Vechalekar & Co. for the petitioner. None for respondents.

CORAM : A.S.OKA AND A.K. MENON, JJ.

DATED : 2ND FEBRUARY, 2015 P.C. :- 1.

Not on board. Taken on board.

2.

Heard learned counsel appearing for the petitioner. The substantive prayer in this petition is for directing the learned Joint Charity Commissioner, Pune to expeditiously hear and dispose of the application made by the petitioner under section 41-D of the Bombay Public Trusts Act, 1950.

3.

A judicial notice will have to be taken by this Court of the fact that there is a huge pendency of the proceedings before the Joint Charity Commissioner at Pune. The petitioner filed the application on 11th March, 2013 in respect of which the relief is sought in this petition. The learned Joint Charity Commissioner is

2 wp1088-15 a judicial officer. If the petitioner wants priority to be given to the hearing of his application, it is for the petitioner to apply to the learned Joint Charity Commissioner for giving priority to the disposal of pending application. If such application is made, taking into consideration the pendency of old cases, the learned Joint Commissioner will decide such application expeditiously in accordance with law. No direction as prayed for can be issued by this Court. Subject to what is observed above, the petition is disposed of.

(A.K.MENON, J.) (A.S.OKA, J.)