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Bombay High CourtWP/3793/2017disposed off

Shri. Shahu Chhatrapati Shikshan Sanstha Through Trustee v. Joint Charity Commissioner Kolhapur Div. And ORS.

2017-04-20Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

1/2 10.WP.3793-17.doc [Shahu v J.C.C ]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3793 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.Rajesh Talashikar a/w. Ruturaj Pawar, Advocate for Petitioner. Ms. Vaishali Nimbalkar, AGP, for Respondents No.1 and 2-State. Mr. S.S. Patwardhan a/w. Bhooshan Mandlik, Advocate for Respondent No.3.

CORAM : R. G. KETKAR, J.

DATE : 20/04/2017 P.C.:

1.

Heard Mr.Rajesh Talashikar, learned Counsel for the petitioner, Ms.Vaishali Nimbalkar, learned A.G.P. for respondents No.1 and 2 and Mr. S.S. Patwardhan, learned Counsel for respondent No.3, at length.

2.

This Petition takes exception to the judgment and order dated 29.9.2016 passed by the Deputy Charity Commissioner, Kolhapur Region, Kolhapur as also the judgment and order dated 9.3.2017 passed by the Joint Charity Commissioner, Kolhapur Region, Kolhapur. By order dated 29.9.2016, the Deputy Charity Commissioner directed the petitioner to produce the documents sought by the third respondent as per application dated 24.8.2016 at Exhibit-4 (Exhibit-D pages-85 to

2/2 10.WP.3793-17.doc [Shahu v J.C.C ] 87). By order dated 9.3.2017, the Joint Charity Commissioner rejected the Revision Application preferred by the petitioner.

3.

Mr.Talashikar states that the petitioner will produce the documents as ordered by the Deputy Charity Commissioner, Kolhapur Region, Kolhapur vide order dated 29.9.2016 before him on the next date of hearing. As the petitioner is ready and willing to produce the record as per order dated 29.9.2016 before the Deputy Charity Commissioner, Kolhapur Region, Kolhapur on the next date of hearing, the order dated 9.3.2017 appointing Inspector to take custody of those documents stands dissolved. It is made clear that if the petitioner does not produce the documents on the next date of hearing before the Deputy Charity Commissioner, Kolhapur Region, Kolhapur, the order dated 9.3.2017 shall stand revived without further reference to the Court. Writ Petition stands disposed of in aforesaid terms. Order accordingly.

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