Shrivallabh Bansilalji Kabra v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.6715 OF 2015 SHRIVALLABH BANSILALJI KABRA

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Kshirsagar Satish M Mr. SG Karlekar, AGP for Respondents ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: July 16, 2015 ...

PER COURT :- 1) Heard. Counsel appearing for petitioner makes a grievance that order dated 6.6.2014 has been passed by the Assistant Charity Commissioner, Parbhani Division, Parbhani, without extending an opportunity of hearing to him. The petitioner contends that the order affects rights and entitlement of the petitioner and before imposing any restrictions against the trust, an opportunity of hearing ought to have been afforded. The order of the Assistant Charity Commissioner, appears to have been issued on consideration of the complaint dated 13.12.2013 presented by one Shri RD Deshmukh.

2) Considering the facts and circumstances of the present case, it is desirable that the learned Assistant Charity Commissioner, shall consider the objection, that may be raised by the petitioner, and after extending an opportunity of hearing to the petitioner and the complainant, may proceed to review order dated 6.6.2014, if he deems necessary. If the petitioner tenders an bdv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) application for modification/re-call of order dated 6.6.2014 passed by the Assistant Charity Commissioner, within four weeks from today, the same shall be considered and appropriate fresh order be passed, after extending an opportunity of hearing to the parties concerned, as expeditiously as possible and preferably within a period of eight weeks from the date of receipt of such application. 3) With the directions, as above, the writ petition is disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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