Vithu Ashram Kusht Niwaran Dham And Dr.A. B. Pracharak Samiti Thr.Its Prest. S.G. Gauriand Others v. Shri Waman Mahadeo Bankar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NOS.3261 AND 3265 OF 2015 Vithu Ashram Kushta Niwaran Dham and Dr Ambedkar Boudha Pracharak Samiti, Nagpur, Thr. its President and ors.

-vsWaman Mahadeo Bankar ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. D. Malke, Advocate for petitioners.

Shri P. D. Meghe, Advocate for respondent.

CORAM : A.S.CHANDURKAR, J.

DATE : JULY 18, 2016 In both these writ petitions, an order passed by the learned Assistant Charity Commissioner, Nagpur in Change Report proceedings is under challenge. After hearing the respective counsel for the parties, I find that remedy of filing a statutory appeal under Section 70 of the Maharashtra Public Trusts Act, 1950 is available to the petitioners. As various disputed questions arise, I am not inclined to entertain the writ petitions.

With liberty to the petitioners to avail the statutory remedy under Section 70 of the said Act, the writ petitions are disposed of. Considering the fact that this Court had passed an interim order on 17/06/2015 which has been operating for more than one year, the said interim order is continued for a period of fifteen days from today. If the appeal is preferred by the petitioners and a prayer for interim relief is made, same shall be considered on its own merits. Both the petitions are disposed of with no order as to costs. JUDGE Asmita

20-WP-3261-15 2/2 -: C E R T I F I C A T E :- copy of the original signed Judgment/order."

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19/07/2016