Shri Mahatma Basweshwar Shikshan Sanstha Latur Through Its Secretary v. The State Of Maharashtra Through Its Secretary And Another

1 WP 11451.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11451 OF 2023 WITH CIVIL APPLICATION STAMP NO. 29695 OF 2023 Shri Mahatma Basweshwar Shikshan Sanstha Latur through its Secretary .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri T. G. Gaikwad, Advocate for the Petitioner. Shri A. A. Jagatkar, A.G.P. for the Respondent Nos. 1 and 2. Shri Vikas G. Kodale, Advocate for the Applicant/Intervenor. CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

15 SEPTEMBER 2023.

FINAL ORDER :

.

Heard both the sides.

2.

The petitioner is before us with an innocuous prayer and had solicited the order which was passed on the last date, which reads thus ".

Heard. The petitioner has been seeking copy of the PTR register maintained under the Maharashtra Public Trust Act, 1950 (for short "Act") by incorporating the changes. It appears that due to the damaged condition of the PTR register, it has not been possible. Resorting to provisions of law the petitioner has submitted an application under Section 79-AA of the Act and still the

2 WP 11451.23 matter is pending with the office of the Deputy Charity Commissioner, Latur.

2.

Issue notice to the respondents. The learned A. G. P. waives service for both the respondents and seeks time. Stand over to 15.09.2023."

3.

It is now being pointed out by the applicant who has filed intervention application together with a copy of the order passed by the learned Deputy Charity Commissioner, Latur Region, Latur on 05 September 2023 on the very same application preferred under Section 79-AA of the Maharashtra Public Trust Act bearing Misc. Application No. 107 of 2023. It can be seen that the matter is being conducted by the learned Deputy Charity Commissioner. Since it is a matter of reconstruction, hearing is being conducted and matter was directed to be listed on 20 September 2023. The learned advocate for the applicant/intervenor informs us that the next date is on 18.09.2023.

4.

The learned advocate for the petitioner submits that the petition was filed before 05 September 2023, on which the aforementioned order was passed by the learned Deputy Charity Commissioner. The writ petition is disposed of with a direction to the Deputy Charity Commissioner to decide the application finally as early as possible. The civil application also stands disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Sept. 23