Dr. Sanjay Laxmanrao Junghare, Secretary, Sant Gadgebaba Smarak Samiti, Yavatmal v. Shri Ravindra Kashinath Benkar And Others

1 wp4995.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4995/2014 Dr. Sanjay Laxmanrao Junghare ..Versus..

Shri Ravindra Kashinath Benkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 26.8.2015 Shri S.C. Bhalerao, learned advocate for the respondents 1 to 5 and Shri A.M. Deshpande, learned A.G.P. for the respondents 6 to 8 have taken objection to the maintainability of the writ petition on the ground that the impugned order is appeallable under Section 72(4) of the Maharashtra Public Trusts Act, 1950. In view of the objection raised on behalf of the respondents, Shri A.R. Fule advocate h/f Shri S.V. Sirpurkar, learned advocate for the petitioner, on instructions, seeks permission to withdraw the petition with liberty to take appropriate proceedings.

The petition is disposed of as withdrawn with liberty as prayed for.

2 wp4995.14 The learned advocate for the petitioner prays that the interim order granted by this Court on 29th September, 2014 be continued for 4 weeks to enable the petitioner to obtain the appropriate orders in the proceedings which the petitioner intends to file. The change report filed by the petitioner has been rejected and that order is maintained by the learned Joint Charity Commissioner and the District Court. In these circumstances, the prayer for continuation of the interim order cannot be granted. JUDGE Tambaskar.