Dattatraya Ganpatappa Itke And Another v. Sadashiv Sitaram Munde And Others

942 WP 6976 22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 WRIT PETITION NO.6976 OF 2022 DATTATRAYA GANPATAPPA ITKE AND ANOTHER

VERSUS

SADASHIV SITARAM MUNDE AND OTHERS ...

Advocate for Petitioners : Mr. V.D. Sapkal, Senior Advocateh/f Mr. Sapkal Sandip R AGP for Respondent/State : Mr. K.B. Jadhavar

CORAM

: MANGESH S. PATIL, J.

DATE : 14.07.2022.

PER COURT :

When it was pointed out that this Court has already taken a view that the orders under challenge being orders passed in a pending enquiry into a change report under Section 22 of the Maharashtra Public Trust Act and susceptible to a challenge in a revision under Section 70A, the learned Senior Advocate Mr. Sapkal, on instructions, seeks leave to withdraw the writ petition with liberty to avail of the remedy of revision. 2.

However, Mr. Sapkal Senior Advocate would submit that the change report is about to be decided finally making all the attempts by the petitioner to challenge the orders impugned in this petition infructuous. He would submit that the matter is listed for final arguments tomorrow and in all probability, going by the history, final adjudication will take place by then. He, therefore, submits that the petitioners may be given some breathing time to approach the authority 1/2

942 WP 6976 22.odt in revision and allow the petitioners to seek adjournment before the Deputy Charity Commissioner in the change report enquiry for a period of two weeks.

3.

The Writ Petition is disposed of as withdrawn with liberty as prayed for. The petitioners may apply for adjournment before the Deputy Charity Commissioner who shall consider it on its own merits. (MANGESH S. PATIL, J.) mkd/- 2/2