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Bombay High CourtWP/9939/2015disposed off

Shri. Harishchandra Yeshwant Deshmukh And ANR v. Union Of India Through Ministry Of Youth Affairs And Sports Dept. And ORS

2017-02-28Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice R.M. Borde2 pages

wp.9939-2015 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9939 OF 2015 Harishchandra Yeshwant Deshmukh & Anr.

..Petitioners Vs.

Union of India & Ors.

.. Respondents ------- Mr. R.M. Nakhwa a/w Sandeep S. Jinsiwale for Petitioners with Petitioner No.2 present.

Mr. M.V. Mehta a/w Ms. Nisha N. Valvani for Respondent No.1. Mr. Uday Warunjikar i/b Ms. Sadhana Mahashabte for Respondent Nos.2, 5 to 7.

Ms. Aparna Vahatkar, A.G.P. for State.

----- CORAM: R.M. BORDE AND A.S. GADKARI, JJ.

DATE: 28 FEBRUARY 2017.

P.C.:

1] In view of the fact that, the petitioners have already availed of alternate remedy available in law of approaching appropriate forum created under Bombay Public Trust Act, the instant petition presented by the petitioners need not be entertained in exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India.

wp.9939-2015 2] Keeping all points raised in the writ petition open for consideration for alternate forum, the writ petition is disposed of. It is expected of the Charity Commissioner to take decision expeditiously since recording of the evidence is already over.

(A.S. GADKARI,J.) (R.M. BORDE, J.)