Avinash Devrao Thawari v. Madhukar Vishwanath Thawari And Others

25-wp-567-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 567 of 2024 Avinash Devrao Thawari

Versus

Madhukar Vishwanath Thawari and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. S.V.Dhore, Advocate h/f Shri A.A.Dhawas, Advocate for the petitioner.

CORAM : ANIL S. KILOR, J.

DATED : 29th JANUARY, 2024.

Heard.

2.

The Joint Charity Commissioner, Amravati vide impugned order dated 31st October, 2023 dismissed the appeal and uphold the judgment and order dated 30th June, 2022 passed by the Assistant Charity Commissioner, Yavatmal in Inquiry Change No. 339 of 2011, is under challenge in this writ petition. 3.

The change was sought on the ground that two trustees were died in the year 2004 and 2006. The learned Assistant Charity Commissioner, Yavatmal SKNair

25-wp-567-24.odt rejected the change report on the ground that the meeting conveyed on 22nd August, 2010 was general body meeting and there was no subject of filling of any vacancy. Moreover, the vacancy arose due to death of two members of executing body in the year 2004 and 2006 and vacancy was shown to be filled in 2010, whereas, tenure of executing committee is of three years as per rule 4 of rules and regulation.

4.

The Appellate Authority has further held that meeting on 22nd August, 2010 itself was illegal and accordingly the appeal was dismissed.

5.

Nothing has been pointed out to arrive at a conclusion that the above referred findings are perverse or both the Courts below have committed any legal infirmity while passing the impugned orders. Thus, there is no merit in the present writ petition, accordingly, it is dismissed.

[ANIL S. KILOR, J.] SKNair