Mrs. Heena Abdul Kadir Chilwan v. The State Of Maharashtra And ORS.

WP. 2292-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2292 OF 2017 Mrs. Heena Chilwani ...

Petitioner Vs.

State of Maharashtra & Ors.

...

Respondents *** Mr. Abhishek Yende, for the Petitioner.

Mr. V. B. Thadani, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.

DATE : MARCH 27, 2017 PC.

.

The learned AGP Mr. V. B. Thadani waives service of notice for Respondent No. 1.

2.

By this petition, which is filed under Article 226 and 227 of the Constitution of India, the Petitioner is seeking an appropriate writ, order and direction, directing Respondent No. 2 - Joint Charity Commissioner to take action against Respondent No. 3 Society. 3.

The Petitioner has an alternate efficacious remedy of 1 / 2

WP. 2292-17 approaching the Charity Commissioner by filing an application under Section 41 (A) to (D) of the Bombay Public Trust Act. We are informed that a complaint / application has already been filed, which is pending. Since this being the position, we are of the view that this petition can be conveniently disposed of by directing the Respondent No. 2 Jt. Charity Commissioner to disposed of the application dated 17.7.2016, on merits and in accordance with law as expeditiously as possible. Liberty is granted to the Petitioner to file an application under Section 41 (a) to (d) of the Bombay Public Trust Act. If such an application is filed by the Petitioner, the same may be disposed of as expeditiously as possible. Writ petition is accordingly disposed of in the aforesaid terms.

Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2