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Bombay High CourtWP/6860/2023disposed off

Rashtriya Shikshan Sangh And ANR v. Shri Balasaheb Vithoba Dhadas And ORS

2024-07-30Hon'Ble Justice Sharmila U. Deshmukh2 pages

903-WP-6855-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6855 OF 2023.

WITH WRIT PETITION NO.6857 OF 2023.

WITH WRIT PETITION NO.6859 OF 2023.

WITH WRIT PETITION NO.6860 OF 2023.

Rashtriya Shikshan Sangh And Anr

...Petitioners.

Versus

Shri Balasaheb Vithoba Dhadas And Ors.

...Respondents.

------ Mr. Narendra V. Bandiwadekar, Senior Advocate a/w. Mr. Vinayak R. Kumbhar, Mr. Rajendra B. Khaire, Mr. Aniket S. Phapale i/b Ashwini N. Bandiwadekar for the petitioners.

Mr. S. S. Pakale, Senior Advocate i/b Ms. Padmaja Malgaonkar for the Respondent.

Mr. P. V. Nelson Rajan, AGP for respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : 30th July, 2024.

P. C. :

1.

After hearing the parties for some time, upon query by this Court, whether the matter can be remanded for advancing arguments, learned Senior Advocates appearing for the respective parties on instructions submit that the matter may be remanded only for the rsk 1 of

903-WP-6855-23.doc purpose of advancing arguments.

2.

In light of the consensus which has been arrived at, impugned order dated 14th November 2022 passed by the Charity Commissioner in Appeal No.62/2018 is hereby quashed and set aside. Appeal No.62/2018 is restored to the file of the Charity Commissioner. The parties to appear before the Charity Commissioner on 5th August 2024 at 11.00 a.m. The arguments to be advanced on the said date. It is made clear that no adjournment will be granted to the parties. In event adjournment is sought by the Petitioner on any ground, the order of 14th November 2022 will stand revived. The Charity Commissioner is requested to decide the appeal expeditiously and in any event within a period of four weeks from 5th August 2024. 3.

Petitions stand disposed of in the above terms. In view of disposal of petition, Interim/Civil Applications, if any, do not survive for consideration and stand disposed of.

[Sharmila U. Deshmukh, J.] rsk 2 of