Ramratansingh Umraosing Bisen Thr Power Of Attorney Holder v. Deputy Charity Commissioner Nanded And Others

Ethape ( 1 ) 29-WP-4058-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 WRIT PETITION NO. 4058 OF 2025 Ramratansingh Umraosing Bisen Thr Power Of Attorney Holder

VERSUS

Deputy Charity Commissioner Nanded And Others ...

Mr. Vikas S. Bhale, Advocate for the Petitioner. Mr. P. D. Patil, AGP for Respondent-State.

CORAM : KISHORE C. SANT, J.

DATE : 21st APRIL 2025 PC :- 1.

Heard Mr. Bhale, the learned Advocate for the petitioner and Mr. Patil, the learned AGP, for some time.

2.

A challenge is raised in this petition to an order dated 15th July 2024 passed by the learned Joint Charity Commissioner, Nanded Region, Nanded by which the application of Respondent No.2 came to be allowed. The petitioner is directed to join Respondent No.2 as party respondent in the proceeding pending before the learned authority. 3.

It is the case of the petitioner that respondent No.2 claims to be interested person in the affairs of the society on the strength of Will

Ethape ( 2 ) 29-WP-4058-2025 Deed allegedly executed by Narsingh M. Watemod Maharaj. 4.

It is the case of the petitioner that the said will-deed itself is bogus and fabricated. The Joint Charity Commissioner has no authority to go into the matter of validity of the will-deed. It is necessary for respondent No.2 to obtain probate on the basis of the said Will and only thereafter to file an application before the learned Joint Charity Commissioner. The learned Joint Charity Commissioner considered this aspect. The learned authority held that the parties should be given an opportunity to participate in the proceedings. Some kind of interest is shown in the proceeding. It is also held that the validity of the Will cannot be gone into at this stage and allowed the application. 5.

This Court does not find any illegality or perversity in the impugned order. There is no merit in the writ petition and therefore, the writ petition is dismissed with no order as to costs. [KISHORE C. SANT, J.]