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Bombay High CourtWP/9840/2015dismissed

Shri. Sai Prasad Shikshan Prasarak Mandal Through Its President Balasaheb P. Khopkar v. Shivaji Bhairu Lad And ANR.

2015-11-16Hon'Ble Shri Justice M.S. Sonak2 pages

DSS 46-wp-9840-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9840 OF 2015 Shri Sai Prasad Shikshan Prasarak Mandal .. Petitioner vs.

Shivaji Bhairu Lad and anr.

.. Respondents Mr. R.P. Walvekar for the Petitioner.

Ms Vaishali Nimbalkar, AGP for Respondent No.2. CORAM :

M. S. SONAK, J.

DATE : 16 NOVEMBER 2015.

P.C. :- 1] The challenge in this petition is to the order dated 24 September 2015, by which the Assistant Charity Commissioner, Kolhapur has declined to take up change report No.2470 of 2011 alongwith four other change reports, which are already clubbed in terms of directions of this Court in its order dated 12 August 2015 in Writ Petition (St) No. 6196 of 2015.

2] If the order dated 12 August 2015 is perused, it is clear that the direction was for taking up the change reports of the years 2005 and 2007 together and disposing of the same latest by 31 March 2016. This Court had further conceded discretion to the Assistant Charity Commissioner to even decide the change reports for the year 2010 alongwith said three change reports of years 2005 and 2007. There was no direction with regard to the change report of the year 1/2

DSS 46-wp-9840-15 2011. The Assistant Charity Commissioner is right that there are time bound directions issued by this Court and the Petitioner instead of cooperating in disposal of the said change reports makes applications after applications to prolong the decision therein. 3] Accordingly, there is no reason to interfere with the impugned order. The petition is, therefore, dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2