Bombay High CourtWP/4561/2016dispossed offdismiss for default

Ravi S/O. Suryabhan Mendhe v. Vikas Prem Somkuwar And Others

2017-05-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4561.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4561/2016 Ravi S/o Suryabhan Mendhe ..Vs..

Vikas Prem Somkuwar 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 S.D. Abhyankar, Adv. for the petitioner. Shri R.S. Shambharkar, Adv. for respondent No.1. Shri A.P. Thakre, Adv. for respondent No.2.

Shri S.P. Deshpande, Addl. G.P. for respondent No.3. CORAM : Z.A.HAQ, J.

DATE : 2.5.2017.

Heard.

The Advocate for the petitioner has submitted that the application filed by the respondent Nos.1 and 2 seeking permission to participate in the proceedings before the Assistant Charity Commissioner is allowed without there being any pleadings to show that they are the persons having interest in the public trust as contemplated by Section 2(10) and Section 73A of the Maharashtra Public Trusts Act, 1950. On being confronted with the above situation, the learned Advocate for the petitioner, on instructions, seeks permission to withdraw the application (Exh. No.10) with liberty to file fresh application. Considering the facts of the case, the respondent Nos.1 and 2 are permitted to withdraw the application (Exh. No.10) with liberty to file fresh application, if so advised. As the application is withdrawn, the impugned order does not survive.

The petition is disposed of in the above terms. The respondent Nos.1 and 2 shall pay costs quantified at

2 wp4561.16 Rs.2,000/- (Rs. Two Thousand Only) to the petitioner and produce receipt on the record of the proceedings before the Assistant Charity Commissioner within one month, failing which the learned Assistant Charity Commissioner shall pass appropriate orders against them considering it to be non-compliance of the order passed by this Court. JUDGE Tambaskar.