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Bombay High CourtWP/7305/2018disposedoff

Hazrat Dada Hayat Klander Education Society, Through Its Secretary, Abdul Gani S/O Sheikh Chotu v. Joint Charity Commissioner, Amravati Division, Amravati And 4 Others

2019-08-23Hon'Ble Shri Justice A.S. Chandurkar2 pages

905-WP-7305-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.7305 OF 2018 Hazrat Dada Hayat Kalander Eduction Society, Mangrulpir, Thr. Its Secretary, Abdul Gani s/o Sheikh Chotu -vsJoint Charity Commissioner, Amravati Division, Amravati and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R. D. Karode, Advocate for petitioner.

Smt M. A. Barabde, Assistant Government Pleader for respondent Nos.1 and 2.

Shri A. Shukla, Advocate for respondent Nos.3 to 5. CORAM : A.S.CHANDURKAR, J.

DATE : August 23, 2019 In view of notice for final disposal issued earlier the learned counsel for the parties have been heard. The challenge raised in the present writ petition is to the judgment dated 16/04/2018 passed by the learned Joint Charity Commissioner restraining the Society from taking any policy decision till the proceedings after remand are decided. Shri R. Karode, learned counsel for the petitioner submits that if all the pending Change Reports are directed to be decided expeditiously the petitioner's grievance as raised in the writ petition would not survive. He submits that there are six Change Reports which are pending before the learned Assistant Charity Commissioner and which are required to be decided. Shri A. Shukla, learned counsel for the respondent Nos.3 to 5 submits that the said Change Reports could be directed to

905-WP-7305-18 2/2 be decided together expeditiously. He further submits that no direction in so far as restraining the respondents from taking any policy decision deserves to be issued.

Considering the fact that about six Change Reports bearing Nos.193/2000, 250/2003, 863/2004, 878/2004 and 1243/2005 are pending before the learned Assistant Charity Commissioner they are directed to be decided expeditiously and preferably by the end of August 2020. The parties are at liberty to lead evidence in those Change Reports. It is expected that all the Change Reports would be decided together on their own merits and in accordance with law. Needless to state that the parties to co-operate in early disposal of the Change Reports. With these directions the writ petition is disposed of with no order as to costs.

JUDGE Asmita