June Gavthan Maruti Devasthan , Pimplas, (Proposed Trust) And ORS v. The Asstt. Charity Commissioner, Nashik Region And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5519 OF 2019 June Gavthan Maroti Devasthan,

...Petitioners

Pimpalas & Ors.

V/s.

The Assistant Charity Commissioner,

...Respondent

Nashik Region, Nashik Mr. Anilkumar K. Patil for the Petitioners.

Mr. Harshad Palwe for Respondent Nos. 2 to 9 Mr. C.D. Mali, AGP for Respondent Nos. 1 and 13 - State. BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2022.07.22 10:09:04 +0530 CORAM : MADHAV J. JAMDAR, J.

DATED : 20th July, 2022 P.C. :

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Heard Mr. Patil, learned counsel appearing for the Petitioners, Mr. Palwe, learned counsel appearing for Respondent Nos. 2 to 9 and learned AGP for Respondent Nos.1 and 13.

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At the outset, Mr. Patil seeks leave to delete Respondent Nos. 10, 11 and 12. Leave as prayed is granted. Amendment to be carried out forthwith.

3.

Respondent Nos. 2 to 12 filed Inquiry Application No. 416 of 2010 under Section 18 of the Bombay Public Trusts Act, 1950 for registration of Shri Maroti Devasthan Trust, At Post Gondegaon, Taluka Niphad, District Nashik. The Petitioners have also preferred

2/3 Inquiry Application No. 586 of 2013 for registration of June Gavthan Maroti Devasthan, Post Pimpalas, At Gondegaon, Taluka Niphad, District Nashik and Inquiry Application No. 587 of 2013 for registration of Navin Gavthan Maroti Mandir Devasthan, At Gondegaon, Post Bhausaheb Nagar, District Nashik. 4.

Both the learned Counsel appearing for the Petitioners and Respondent Nos. 2 to 9 respectively agree that some of the properties mentioned in these applications are common and some of the issues are also common. In view of this, common questions are required to be determined by the Assistant Charity Commissioner, Nashik Region, Nashik in all these three applications. Both the learned counsel submit that therefore in the interest of justice, all these inquiry applications be clubbed and heard together. Both of them submit that since the applications are pending since 2010 and 2013, all these inquiry applications be directed to be disposed of in time bound manner. 5.

In view of these submissions, the impugned order dated 13th February 2019 passed by the Assistant Charity Commissioner, Nashik Region, Nashik below Exhibit 99 in Inquiry Application No. 416 of 2010 is quashed and set aside. The prayer clause (a) of Exhibit 99 application in Inquiry Application No.416 of 2010 is allowed. It is directed that Inquiry Application No. 416 of 2010, Inquiry Application No. 586 of 2013 and 587 of 2013 be heard together.

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The learned Assistant Charity Commissioner, Nashik Region, Nashik is requested to dispose of all these applications within a period of six months from receipt of this order. It is directed that both the parties should co-operate the Assistant Charity Commissioner, Nashik Region, Nashik for expeditious disposal of these Inquiry Applications. 7.

Writ Petition is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)