Garib Vidhyarathi Sahayak Mandal Trust And ORS. v. The Assistant Charity Commissioner And ORS.

1/2 903.WP.3955-17.doc [Garib v ACC]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3955 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Mayur Khandeparkar a/w Ishwar Nankani & Menon i/b. Nankani & Asso.

for the petitioners Mr.R.D. Soni a/w. S.N. Gawade, i/b. Shree & Co. for Respondent No.2.

Mr.Nishant Sasidharan i/b. Ganesh & Co.

for Respondent No.3.

Ms.Vaishali Nimbalkar, AGP for Respondent No.1.

CORAM : R. G. KETKAR, J.

DATE : 04/04/2017 P.C.:

1.

Not on board. At the request of Mr.Khandeparkar taken up in the production board.

2.

Heard Mr.Mayur Khandeparkar, learned Counsel for the petitioners, Ms. Vaishali Nimbalkar, learned A.G.P. for respondent No.1, Mr.R.D. Soni, learned Cousel for respondent No.2 and Mr.Nishant Sasidharan, learned

2/2 903.WP.3955-17.doc [Garib v ACC] Counsel for respondent No.3.

3.

Mr. Soni submitted that the order impugned in the present Petition is passed under Section 41A of the Maharashtra Public Trusts Act (for short, 'Act'). He submitted that the order is not a quasi judicial order and is an administrative order. He submitted that the petition pertains to the Division Bench. In support of this submission, he relied upon the decision of this Court in Vanmala Manoharrao Kamdi & ors v. Deputy Charity Commissioner and others, 2012(6) Bom.C.R.

635.

4.

In view thereof, Mr. Khandeparkar submits that the petition may be transferred to the Original Side. Accordingly, the Petition stands transferred to the Original Side of this Court. Mr. Khandeparkar assures that on or before 7.4.2017, he will submit second set in the Registry. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)