Ramdas S/O Namdeorao Gowane v. The Assistant Charity Commissioner, Amravati Region, Amravati And Another

1 wp7905.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7905 OF 2018 Ramdas S/o Namdeorao Gowane ..VS..

The Assistant Charity Commissioner, Amravati Region and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Gilda, Advocate for the petitioner. Shri A.V. Palshikar, AGP for respondent No. 1. Shri P.S. Patil, Advocate for the respondent No. 2. CORAM : A.S. CHANDURKAR,J.

DATED : 7th JUNE, 2019.

.

The order was passed below Exhibit 26 by the learned Assistant Charity Commissioner, Amravati, rejecting the said application wherein it was prayed that the Change Reports as pending be kept in abeyance till appeals pending before the District Court arising out of earlier Change Reports are finally decided is under challenge in this Writ Petition.

2.

Shri A.J. Gilda learned counsel for the petitioner submits that since elections have taken place after every three years and the challenge with regard to the Change Reports of the years 2009 and 2012 was still

2 wp7905.18 pending, the subsequent Change Reports do not deserve to be adjudicated till those appeals are decided. 3.

On the other hand, Shri P.S. Patil learned counsel for the respondent No. 2 submits that proceedings in the appeals pending could be expedited but there was no reason to stay the adjudication of the subsequent Change Reports.

4.

After hearing the learned counsel for the parties, it is seen that various Change Reports since the year 2009 are pending. Appeals filed in the year 2014 arising out of the earlier Change Report are also pending. Though it is urged on behalf of the petitioner that adjudication of the earlier Change Report would affect the subsequent appeals which are pending, it is found that no useful purpose would be served in keeping the subsequent Change Reports pending. It goes without saying that the subsequent Change Reports would be governed by the adjudication of the earlier Change Reports.

5.

Accordingly, the writ petition is disposed of by

3 wp7905.18 directing the expeditious adjudication of Miscellaneous Civil Application No. 122/2014 to 125/2014 pending before the District Court.

JUDGE Prity G.