Om Shah Developers v. State Of Maharashtra Through Charity Commissioner And ORS.

wp.12812-2015 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITIION NO.12812 OF 2015 Om Shah Developers .. Petitioner Vs.

State of Maharashtra & Ors.

..Respondents.

------- Mr. Atul G. Damle, Senior Counsel i/b Ashish Dubey for Petitioner. Mr. A.D. Vhatkar for Respondent No.1.

Ms. Sneha Vani i/b Law Charter for respondent No.2. Mr. Snehal Shah i/b Mayur Thorat for Respondent No.3. ------- CORAM: A.S. GADKARI. J.

DATE: 28 AUGUST 2017.

P.C.:

1] By the present petition under Article 227 of Constitution of India, petitioner has questioned the legality of Judgment and Order dated 18.10.2012 passed in Application No.86 of 2012 by the Joint Charity Commissioner i.e. Respondent No.1 allowing the application of the respondent No.2-Trust granting sanction to the Trustees to develop the property more particularly mentioned in the said Order. 2] The record clearly indicates that feeling aggrieved by the aforestated Order dated 18.10.2012 passed by the Joint Charity 1/2

wp.12812-2015 Commissioner, Maharashtra State, Mumbai, one M/s D.N.S. Construction had challenged the said Order and is unsuccessful upto the Apex Court. That the Hon'ble Supreme Court, inter alia, has confirmed the Order dated 18.10.2012 passed by Joint Charity Commissioner, Maharashtra State, Mumbai.

3] Since the Order impugned in the present petition has already been upheld by the Hon'ble Supreme Court, the present petition being misconceived, is accordingly dismissed.

(A.S. GADKARI, J.) 2/2