K Ramkrishna And 1 Other v. State Of Maharashtra And 17 Other

WPL. 2859-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 2859 OF 2015 AND CHAMBER SUMMONS (L) No. 436 OF 2015 K. Ramkrishna & Anr.

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Petitioners Vs.

State of Maharashtra & Ors.

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Respondents And Hemant J. Patil & Ors.

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Applicants in CHSL. 436/2015 *** Mr. Pradeep J. Thorat, for the Petitioners.

Ms. P. H. Kantharia, AGP for Respondent Nos. 1 and 2. Mr. Uday Warunjikar i/b Siddhesh Pilankar, for Respondent No. 3. Mr. Surel Shah, for Intervenor in CHSL. 436/2015 *** CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ.

DATE : JANUARY 6, 2016 PC.

1.

We are informed that the Petitioners had filed an application / representation before the Charity Commissioner on 23.9.2015. We direct the Charity Commissioner to treat the said application / representation as an application under Section 41-B of 1 / 2

WPL. 2859-15 the Bombay Public Trust Act, 1950 and decide the same expeditiously, on merits and in accordance with law. Intervenors, who have filed Chamber Summons (L) No. 436/2015, be heard in the inquiry. In view of this direction, writ petition does not survive and is accordingly disposed of. However, we clarify that the Petitioners are at liberty to take the recourse of an alternate remedy, available to them, viz. filing a suit.

2.

In view of disposal of the writ petition, Chamber Summons (L) No. 436/2015 does not survive and is accordingly disposed of.

Sd/- Sd/- [REVATI MOHITE-DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2