Supdu Sitaram Ekhande v. The Assistant Charity Commissioner And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11213 OF 2015 SUPDU SITARAM EKHANDE

VERSUS

THE ASSISTANT CHARITY COMMISSIONER AND OTHERS ...

Advocate for Petitioners : Mr. Ashwin V. Hon AGP for Respondents: Mr. P.N. Kutti .....

CORAM : V. K. JADHAV, J.

DATED : 21st JANUARY, 2016 PER COURT:- 1.

The petitioner-original respondent in the change report enquiry No. 1214 of 2011, pending before Assistant Charity Commissioner, Dhule, had filed an application Exh.21 seeking directions to the respondents-original petitioners to produce certain documents of the year 2009. The said application came to be rejected by the Assistant Charity Commissioner.

2.

Learned counsel for the petitioner submits that the documents detailed in application Exh.21 are necessary for just disposal of Change Report enquiry. Learned counsel further submits that all the documents are in the custody of respondents-original petitioners. 3.

The learned Assistant Charity Commissioner in its impugned

wp11213.15 -2order has observed that the Change report enquiry is for the period of 2011-13 and therefore, in the circumstances, the documents as detailed in application Exh.21 for the year 2009 are not relevant. The Change Report for the year 2009-2011 was already disposed of by the learned Assistant Charity Commissioner. Thus, there is no substance in the writ petition. However, if during the course of enquiry, it appears that the documents as detailed in application Exh.21 are necessary, for just disposal of the Change Report Inquiry, the learned Assistant Charity Commissioner may pass an order directing the respondents-original petitioners, to produce the same. In the light of above observations, writ petition is disposed of. No costs.

( V. K. JADHAV, J.) rlj/