Maratha Vidya Prasarak Samaj, Nashik v. Advocate Ashok Yashvantrao More And ORS

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.01.23 11:04:38 +0530 VARSHA VIJAY RAJGURU 48-wp-10446-2023.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10446 OF 2023 Maratha Vidya Prasarak Samaj Nashik ... Petitioner vs.

Advocate Ashok Yashvantrao More and Ors ... Respondents Mr. K.P. Shah, for Petitioner.

Mr. Ameer Sikander Sayyed for respondent nos. 1 and 2. Mrs. S.S. Bhende, AGP for Respondent-State.

CORAM : GAURI GODSE, J.

DATED : 8th JANUARY, 2024 P.C. :- 1.

This petition challenges the order dated 25th July 2023, passed by the Joint Charity Commissioner, Nashik Region, Nashik, issuing summons to Shri Krushna Jagannath Pawar for the production of relevant documents/copies of the inquiry conducted by him as per the resolution dated 10th September 2022. This witness summons is issued in the inquiry application no. 1 of 2019, which is still pending and yet to be decided. Learned counsel appearing for respondent nos. 1 and 2 states that the order is already complied with and documents are produced.

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48-wp-10446-2023.doc 2.

Perusal of the order indicates that in view of the serious allegations made in the inquiry application, the summons was issued calling upon the witness to produce documents. I do not see any illegality or infirmity in the impugned order passed in the inquiry application, which is still pending. Thus, the contentions of all parties on merits will be decided in the inquiry application. By the impugned order, there is no adjudication done on the merits of the rival contentions. I do not see any prejudice caused to any party in view of the impugned order.

3.

Petition is devoid of any merits. Hence, the petition is dismissed.

(GAURI GODSE, J.) Page no. 2 of 2