Samdoli Shikshan Sanstha Samdoli And ANR v. Shri Surgonda Raygonda Patil And ORS

by MANGALTAI JAYWANT JADHAV Date:

2023.08.01 15:19:22 +0530 MANGALTAI JAYWANT JADHAV WP-13751-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 13751 OF 2022 Samdoli Shikshan Sanstha, Samdoli and ors.

...Petitioners

Versus

Surgonda Raygonda Patil and ors.

...Respondents

.........

Mr. Umesh Mankapure for the Petitioners.

Mr. Manoj A. Patil for the Respondents.

.........

CORAM : N.R. BORKAR, J.

DATED : 10 JULY 2023 P.C. :- By the impugned order, the learned Joint Charity Commissioner, Kolhapur rejected the application filed by the petitioner in the revision application filed by the respondent to decide the issue of limitation/delay and laches as preliminary issue.

2.

According to the petitioner, though there is no limitation to file revision application, however, it is well settled that it has to be filed within a reasonable period. According to the petitioner, in the present case the respondent had filed the revision after 17 years and thus the application was moved to decide the issue of limitation/delay and laches as preliminary issue.

3.

According to the petitioner, the learned Joint Charity Commissioner erred in rejecting the application.

MJ Jadhav 1 / 2

WP-13751-22.odt 4.

The controversy is covered by the judgment of this Court in Dr. Subir Banerjee Vs. Neetu Singh1, wherein this Court has held: "In view of the above context, the impugned order of the Joint Charity Commissioner deciding to hear the point of limitation alongwith the main revision application may require modification. The Joint Charity Commissioner has to first decide whether the revision application is within reasonable time. Only if he comes to the conclusion that the revision application is within reasonable time, he may proceed to deal with the revision application on merit. However, for dealing with above aspect it is not necessary to have separate proceeding; a common proceeding will suffice, but the point relating to whether the revision application has been filed within reasonable period or not has to be decided first."

5.

The order impugned, therefore, cannot be allowed to stand. The order impugned is set aside. The learned Joint Charity Commissioner shall first decide, whether revision has been filed within reasonable period or not.

6.

The Petition is disposed of.

( N.R. BORKAR, J. ) 12020 (2) Bom CR 253.

MJ Jadhav 2 / 2