Shree Audumbareshwar Aani Shree Kamaljadevi Endowment Trust Through Its Trustees v. The Assistant Charity Commissioner, Pune Region Pune

wp4028 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.4028 OF 2015 Shree Audumbareshwar Aani Shree Kamaljadevi Endowment Trust

...Petitioner

vs.

The Assistant Charity Commissioner, Pune Region, Pune

...Respondent

Mr.Siddharth Ronghe i/b Mr.D.R.Kawale for the petitioner Mr.V.S.Gokhale, AGP for the State CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : APRIL 18, 2015 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioner. This petition is completely misconceived. By this petition under Article 226 of the Constitution of India, the petitioner is seeking a writ of mandamus directing the Assistant Charity Commissioner to expedite the proceedings of a Scheme Application filed in the year 2013.

A judicial notice will have to be taken of the fact that before the Assistant Charity Commissioner, Pune Region, Pune, there is a huge pendency. Therefore, a writ of mandamus cannot be issued to give priority to the hearing of the Scheme Application of the year 2013.

wp4028 Hence, Writ Petition is rejected. Rejection of the petition will not preclude the petitioner from making an application before the Assistant Charity Commissioner, Pune Region, Pune for giving priority to the hearing of the pending application. If such application is made, it is for the learned Assistant Charity Commissioner, Pune to decide whether priority deserves to be given to the hearing of the application of the year 2013 considering the pendency of the matters before him.

(A.P.BHANGALE,J.) (A.S.OKA,J.)