Santosh Bhimrao Deshmukh v. The Joint Charity Commissioner, Amravati Region, Amravati And Others

2023:BHC-NAG:12502 24.wp.5280.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5280 OF 2023 Santosh Bhimrao Deshmukh .Vs. The Joint Charity Commissioner, Amravati Region, Amravati 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 A.R. Ingole, Advocate for the petitioner. Shri D.P. Thakare, A.G.P. for the respondent Nos.1 and 2/State. CORAM : ANIL S. KILOR, J.

DATED : 22/08/2023 1.

Heard.

2.

The application moved by the petitioner to implead him as party in a change report enquiry No.A1420/Akola relating to Jai Bhawani Sansthan, Borgaon Manju, Tah. and Dist. Akola. The same came to be rejected vide impugned order dated 18.07.2023 passed by the Joint Charity Commissioner, Amravati Region, Amravati. Hence, this petition.

3.

The learned counsel for the petitioner has argued that the petitioner is a person having interest in the said trust and therefore, his application for impleadment ought to have been allowed by the learned Charity Commissioner. He further submits that, he possesses C.L.Dhakate

24.wp.5280.23.odt documents which would show that, he is having interest in the said trust.

4.

On the other hand, learned AGP opposes the present writ petition saying that there are no pleadings made in the application as regards the fact that, he is having interest in the trust or he is a devotee of the Goddess Bhavani. It is pointed out that, the Charity Commissioner rightly therefore rejected the application.

5.

After going through the application, it is evident that, there are no pleadings as regards the petitioner is having any interest in the said trust or he is a devotee of Goddess Bhavani or he is a regular visitor of the said temple. 6.

Moreover, the application was filed on 23.06.2023 whereas, order was passed on 18.07.2023 and in between the petitioner had ample opportunity to produce documentary evidence which he failed to do so. 7.

Accordingly, I do not find any error committed by the Charity Commissioner in rejecting the application for impleadment. Hence, the writ petition is dismissed. JUDGE C.L.Dhakate