Mr. Shrikant Jagnnath Ghongade And ANR v. The Joint Charity Commissioner And ORS

(912)-WP-11032-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.07.28 17:10:40 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.11032 OF 2018 Mr. Shrikant Jagannath Ghongade & Anr.

..Petitioners

Versus

The Joint Charity Commissioner & Ors. ..Respondents Mr. Purushottam G. Chavan, for the Petitioners. Mr. S. H. Kankal, AGP for the Respondent No.1. CORAM : NITIN W. SAMBRE, J.

DATE : 28th JULY, 2022 P.C.

1.

In view of alternate remedy available to the petitioners under Section 36(2) of the Maharashtra Public Trusts Act, 1950 and having regard to the law laid down by the division bench of this Court at Nagpur in Avinash Kishorchand Jaiswal & Ors. Vs. Rammandi Deosthan, Pavnar & Ors. reported in 2020(3) All. M.R. 349, a prayer is made by counsel for the petitioners for withdrawal of the petition.

2.

The petition as such stands disposed of as withdrawn.

3.

However, the petitioners are at liberty to take recourse to the proceedings under Section 36(2) of the said Act.

BGP.

(912)-WP-11032-18.doc.

4.

In case, if the issue of limitation crops up, time consumed in prosecuting present proceedings be taken into account.

[NITIN W. SAMBRE, J.] BGP.