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Bombay High CourtWP/2612/2024disposed off

Ku. Supriya Suresh Zile v. Ishwar Shrikrishna Mate And Others

2024-04-29Hon'Ble Shri Justice Anil S. Kilor2 pages

2024:BHC-NAG:5012 7.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2612 of 2024 KU. SUPRIYA SURESH ZILE VS ISHWAR SHRIKRISHNA MATE AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D. Abhyankar, Advocate for the Petitioner/s Shri Harshal Futane, AGP for the Respondent No.5/State Shri A.P. Thakare, Advocate for the respondent No.1

CORAM

: ANIL S. KILOR, J.

DATE : 29.04.2024 1.

Heard.

2.

This writ petition takes exception to the order below Exh.1 passed in Misc. Application 339 of 2023, rejecting the application moved by the petitioner before the Assistant Charity Commissioner-I, Nagpur, for correction in Schedule-I in pursuance to the order passed by the Joint Charity Commissioner, Nagpur dated 21.07.2023, on the application for stay moved by the petitioner.

3.

The Assistant Charity Commissioner, allowed the change Report No.591 of 2021 vide order dated 01.07.2022 and it resulted into scoring the name of the petitioner and inclusion of names of the new trustees in Schedule-I. Thereupon, the revision was filed before the Joint Charity Commissioner along with the application for stay Exh.4, which came to be allowed vide order datd 21.07.2023.

nd.thawre

7.odt 4.

Now it is the case of the petitioner that in view of the stay, the Assistant Charity Commissioner shall score the names of the respondents and restore the name of the petitioner. In short, the petitioner is praying for restoration of the position in existence prior to the order dated 01.07.2022. The Assistant Charity Commissioner tried to interpret the stay order while deciding the application moved by the petitioner for correction in Schedule-I. 5.

In the circumstances, I do not want to go into the issue, whether the Assistant Charity Commissioner has rightly interpreted the order of the Joint Charity Commissioner or not. Whereas, the petitioner can approach the Joint Charity Commissioner to get the order clarified by moving appropriate application.

6.

Accordingly, the writ petition is disposed of in the above terms. No order as to costs.

[ANIL S. KILOR, J.] nd.thawre