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Bombay High CourtWP/4433/2019disposed offdismissed for default

Ashok Kashinath Gavte v. Sharad Ramvilas Somani And Others

2019-04-09Hon'Ble Shri Justice P.R. Bora2 pages

1 4433.2019WP.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

8 WRIT PETITION NO.4433 OF 2019 Ashok Kashinath Gavte .. Petitioner

Versus

Sharad Ramvilas Somani and Others .. Respondents ....

Advocate for Petitioner : Shri D.R.Adhav AGP for Respondent - State : Shri S.D. Ghayal Advocate for Respondent No.1 : Shri V.B. Jagtap. ....

CORAM : P.R. BORA, J.

Dated: April 09, 2019 PER COURT :

1.

Heard the learned Counsel appearing for the petitioner. An application was filed by the present petitioner seeking intervention in the proceeding numbered as Misc. Application No.616 of 2016 pending before the Deputy Charity Commissioner at Ahmednagar. The said application was rejected by the Deputy Charity Commissioner, against which, the present petitioner had filed the writ petition bearing Writ Petition No.10410 of 2017. This Court while disposing of the said writ petition on 23.08.2017 has granted liberty to the petitioner to file application along with relevant documents and the Deputy Charity Commissioner was directed to consider the said application on its own merits.

ggp

2 4433.2019WP.doc 2.

After passing of the aforesaid order, the present petitioner filed an application at Exh.127. The Deputy Charity Commissioner has rejected the said application observing that, though this Court has permitted the present petitioner to file an application afresh, the petitioner has not filed on record any document in support of his contention. The learned Counsel for the petitioner did not dispute that, in the subsequent application filed, no document has been annexed by the petitioner as was directed by this Court vide order passed on 23.08.2017. In such circumstances, it does not appear to me that, the trial Court has committed any error in rejecting the application. The Writ Petition being devoid of any substance, deserves to be dismissed and is accordingly dismissed.

( P.R. BORA, J. ) ggp