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Bombay High CourtWP/11734/2019disposed off

Ayyappa Bhaktah Seva Sangham Turst Thane Through President V.S. Nair v. The Joint Charity Commissioner And ORS

2019-12-02Hon'Ble Shri Justice Ujjal Bhuyan2 pages

spb/ 32wp11734-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11734 OF 2019 Shree Ayyappa Bhaktha Seva Sangham Trust, Thane.

... Petitioner.

V/s.

The Joint Charity Commissioner & Ors. ... Respondents. --- Mr. Manoj J. Bhatt, Advocate for the Petitioner. Mr.Nelson Rajan, AGP for the State-Respondent Nos.1 & 2.

Mr. Surel S. Shah, Advocate for Respondent Nos. 3 to 6. Mr. S.C. Mangle, Advocate for Respondent Nos. 7 to 11. --- CORAM : UJJAL BHUYAN, J.

DATE : DECEMBER 02, 2019.

PC :

Heard Mr. Manoj J. Bhatt, learned counsel for the Petitioner; Mr. Nelson Rajan, learned AGP for the State; Mr. Surel Shah, learned counsel for Respondent Nos. 3 to 6 and Mr. S.C. Mangle, learned counsel for Respondent Nos. 7 to 11.

By consent of the parties, following order is passed.

(i) Order dated dated 17.10.2019 passed by the Joint Charity Commissioner, Greater Mumbai Borey 1/2

spb/ 32wp11734-19.doc Region, Mumbai in Revision Application No. 1007 of 2019 is hereby set aside.

(ii) Consequential orders dated 23.10.2019 passed by the Assistant Charity Commissioner-III, Thane in Misc. Application Nos. 85 and 86 of 2019 are hereby set aside.

(iii) Matter is remanded back to the board of Assistant Charity Commissioner, Thane Region, Thane to hear Application Nos. 85 and 86 of 2019 afresh expeditiously and decide the same before 25.12.2019.

(iv) Since the contesting parties are before the court, let them appear before the Assistant Charity Commissioner, Thane Region, Thane on 07.12.2019 at 10.30 a.m..

(v) Parties to act on an authenticated copy of this order.

Writ Petition is disposed of in the above terms.

(UJJAL BHUYAN, J.) .....

Borey 2/2