Mahant Vishudhanandji Brahmachari v. Assistant Charity Commissioner Ii And The Assistant Registrar Of Societies And Others

2024:BHC-AUG:20292 ( 1 ) wp14977.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 WRIT PETITION NO. 14977 OF 2021 MAHANT VISHUDHANANDJI BRAHMACHARI

VERSUS

ASSISTANT CHARITY COMMISSIONER II AND THE ASSISTANT REGISTRAR OF SOCIETIES AND OTHERS WITH CIVIL APPLICATION NO. 920 OF 2023 CIVIL APPLICATION NO. 10927 OF 2022 Mr.Shambhuraje V. Deshmukh, Advocate for the petitioner. Mr.P.D. Patil, AGP for the respondent-State.

Mr.S.V. Warad, Advocate for respondent No.2.

Mr.V.S. Bhale, Advocate for respondent No.3.

CORAM

: KISHORE C. SANT, J.

DATE : 02.09.2024 PC :- 01.

In the present petition, the petitioner has assailed order passed by the learned Assistant Charity Commissioner and Assistant Registrar of the Societies, Nanded dated 21.06.2021. In Inquiry No. 157 of 2020, application of the present petitioner under section 20 of the Societies Registration Act came to be rejected only on the ground that the name of proposed society - Panch Petham Seva Samiti Sidharthdham resembles with name religious Ashram known as Panch Petham Sidharthdham, Halda. The objection to this name is raised by present respondent Nos. 2 and

3. It is held that name implies direct nexus or patronage of the Ashram and religious structure constructed by Watemod Maharaj. There is also objection to the address given by the proposed society. There are certain other objections taken by respondent

( 2 ) wp14977.21 Nos. 2 and 3 during the course of arguments, which need not be adjudicated in the present petition.

02.

During the course of arguments, the petitioner accepts that the petitioner would suggest some other names, which may not be resembling name of the objectors showing any affiliation or resemblance or giving any nexus or patronage of the objectors etc. 03.

It is also pointed out by the learned Advocate for the respondents that in Schedule-B of the application by the petitioner before the Authority, one of the objects shown is to look after the maintenance of the Samadhi of Watemod Maharaj. 04.

Let the Authority consider all these objections and pass fresh order within six months from today. All points are kept open. 05.

The writ petition is disposed off in above terms. 06.

The applicant in Civil Application No. 920 of 2023 died during pendency of the petition. Since the petition is disposed off, nothing survives in the said application and the same is disposed of as such. All pending applications disposed off. [KISHORE C. SANT, J.] snk/2024/sep24/wp14977.21