Unity Developers Thru Prop. Mr. Ismail Baig v. Deccan College Poona Trust Thru Secretary, Shri. Chandrashekhar V. Joshi And ANR

1 3-WP 13332-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13332 OF 2018 Unity Developers.

] ... Petitioner

Versus

Deccan College Poona Trust & Anr.

] ... Respondents None for Petitioner.

Mr. B. V. Samant, AGP for State.

CORAM :- B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :- DECEMBER 22, 2018 P. C. :- 1.

Nobody for Petitioner. Learned AGP appearing for Respondent No.2 points out that the partnership firm cannot qualify as interested person and is challenging action taken by a public trust under the provisions of Sections 36 of the Maharashtra Public Trusts Act. He points out that if there is any error while following procedure, it can be pointed out to the Joint Charity Commissioner and that authority is competent to order fresh advertisement. URS 1 of 2

2 3-WP 13332-18.odt 2.

We find that the advertisement was published on 31/07/2016 and the Petitioner - firm (Proprietary concern) has filed this challenge on 27/09/2018 i.e. almost two years thereafter. Developments after 31/07/2016 are not pointed out. 3.

We, therefore, dismiss the Writ Petition for want of prosecution.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2