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Bombay High CourtWP/7277/2015rejected at admission stage

Mohd Jaffer Mohd Yakub And Others v. Tahasin Ahmed Khan Gulab Yasin Khan And Others

2015-07-29Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) WP NO.7277/2015 901 WRIT PETITION NO. 7277 OF 2015 MOHD JAFFER MOHD YAKUB AND OTHERS

VERSUS

TAHASIN AHMED KHAN GULAB YASIN KHAN AND OTHERS ...

Advocate for Petitioners : Mr.Dhage Vivek J.

AGP for Respondent State:Mr. S.G.Karlekar ...

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

Dated: July 29, 2015 ...

PER COURT :- 1.

Perused the report tendered by the Joint Charity Commissioner, Aurangabad.

2.

It is reported by the Joint Charity Commissioner, Aurangabad, that two pages of the application tendered by the petitioners herein appear to have been replaced without leave of the Court, and enquiry in that regard has already been directed. The report of the enquiry is yet to be received. It is further informed that petitioner no.2 has presented an application seeking transfer of matter from the file of the Joint Charity Commissioner, and under one pretext or the other, both the parties are seeking adjournment and prolonging disposal of the matter.

3.

It would be open for the Joint Charity Commissioner to conduct an enquiry in respect of irregularities committed by the party to the proceedings and take appropriate action in accordance with law.

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) WP NO.7277/2015 4.

In the facts and circumstances of the case, no interference is called for. It does appear that the petitioners before the Court were aware of the proceedings of the enquiry initiated by the Joint Charity Commissioner in respect of replacement of the papers and inspite of presentation of an application seeking transfer of the matter, the instant writ petition is presented.

We, therefore, reject the present petition with costs of - Rs.5,000/- to be deposited in the Office of the Joint Charity Commissioner within four weeks from today.

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

agp/-