Bombay High CourtWP/2203/2015dismissedrule discharged

Panchsheel Shikshan Prasarak Samiti, Nandepera Through Its President, Shri Dilip Jagannath Peche v. The Manager, State Bank Of India, Wani And Others

2015-12-10Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

1012wp2203.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2203/2015 Panchsheel Shikshan Prasarak Samiti Nandepera, Tahsil Wani, District Yavatmal, through its President ...Versus...

The Manager, State Bank of India, Wani Branch, Distt. Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V. Palshikar, AGP for respondent no.7 CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : 10.12.2015 By this petition, the petitioner challenges the order of the Assistant Charity Commissioner, Yavatmal, rejecting the application filed by Shri Dilip Jagannath Peche under Section 41 A of the Bombay Public Trusts Act. On hearing the learned Assistant Government Pleader and on a perusal of the impugned order, it appears that there is no scope for interference with the same in exercise of the writ jurisdiction. Firstly, though the impugned order is passed on 19.10.2013, the petition is filed on 12.2.2015. There is no explanation whatsoever for the delay in filing the writ petition. Secondly, though the application under Section 41A of the Bombay Public Trusts Act was filed personally by Shri Dilip Peche, the present petition has been filed by Panchsheel Shikshan

1012wp2203.15.odt Prasarak Samiti, Nandepera through its President Shri Dilip Jagannath Peche.

Since the petitioner was not a party to the proceedings under Section 41 A of the Bombay Public Trusts Act and since there is a considerable delay in filing the writ petition, we dismiss the writ petition with no order as to costs. JUDGE JUDGE Wadkar