Jai Bharat Sarvajanik Vachnalaya And ANR v. Mangal Rajendra Unade And ANR

2024:BHC-AS:42880 903wp8530-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8530 OF 2023 Jai Bharat Sarvajanik Vachnalaya and Anr.

... Petitioners.

Versus

Mangal Rajendra Unade and Anr.

... Respondents.

----- Ms. Aditi Naikare i/by Ms.Vrushali L. Maindad and Saheen Kapadia, for the Petitioners.

Mr. I.M. Khairdi, for the Respondent No.1.

Ms. M.S. Bane, AGP for the Respondent-State.

----- Coram :

Sharmila U. Deshmukh, J.

Date :

October 25, 2024 P. C. :

1.

By this Petition, the challenge is to the order dated 22nd January, 2019 passed by the Joint Charity Commissioner rejecting the Change Report No.835 of 2017. Learned counsel appearing for the Petitioners submits that subsequently, the elections were held and Change Reports of the year 2018 and 2023 are pending adjudication before the Deputy Charity Commissioner. 2.

Considering that subsequently fresh elections were held and the subsequent Change Reports are pending for acceptance before the Deputy Charity Commissioner, the validity of the order dated sa_mandawgad 1 of

903wp8530-23 22nd January, 2019 by which the Change Report of the year 2017 has been rejected, has been rendered academic. In light of the above, I am not inclined to interfere under Article 227 of the Constitution of India.

3.

The Petition stands disposed of with a request to the Assistant Charity Commissioner to decide the Change Reports of the year 2018 and 2023 filed by both the parties on its own merits and in accordance with law.

4.

Needless to clarify that all rights and contentions of the parties are expressly kept open.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 25/10/2024 20:28:34