Arvind Narayan Channa v. Radhakisan Poshentti Myana And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8572 OF 2017 ARVIND NARAYAN CHANNA

VERSUS

RADHAKISAN POSHENTTI MYANA AND OTHERS ...

Advocate for Petitioner : Shri Jadhavar Santosh S. Advocate for Respondent 1 : Shri Shaikh Mazhar A. Jahagirdar Advocate for Respondents 2 to 11 : Tambade Pradip G. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: August 06, 2018 ...

PER COURT :- 1.

I have heard the learned Advocates for the respective sides at length.

2.

The petitioner is aggrieved that his application No. 18 of 2016 under Section 47 of the Maharashtra Public Trusts Act is not being heard and at the same time, he submits that Enquiry Application No.87 of 2016 and the enquiry under Section 41-D will have to be undertaken first because, unless the existing trustees are removed, the application filed by the petitioner seeking appointment as trustees cannot be entertained.

3.

In view of the above, I find that Application No.87 of 2016 will have to be heard expeditiously so as to enable the Joint Charity akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - WRIT PETITION NO. 8572 OF 2017 Commissioner to conclude whether any of the trustees need to be removed under Section 41-D. As such, after deciding the said application, the learned Joint Charity Commissioner shall decide Enquiry Application No.18 of 2016.

4.

Learned Advocates jointly submits that both the above applications could be decided one after another, within a period of six months from today. As such, the concerned authority shall decide the said applications on/or before 28.2.2019.

Digitally signed by Ajay Kishanrao Losarwar Date:

2018.08.06 17:53:40 +0530 Ajay Kishanrao Losarwar ( RAVINDRA V. GHUGE, J. ) ...

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