Deepak Alias Dilip Krishna Chougule v. Hari Nagendra Gurav And ORS

by PRASHANT VILAS RANE Date:

2025.02.12 18:44:01 +0530 P. V. RANE 13WP15298-22.ODT PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15298 OF 2022 Deepak Alias Dilip Krishna Chougule.

...Petitioner

Vs.

Hari Nagendra Gurav & Ors.

...Respondents

_______ Mr. Wasim N. Samlewale i/b. Tejpal Ingale, for Petitioner. Ms. T. J. Kapre, AGP for the State-Respondent No.3. _______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATED:

12 FEBRUARY 2025 P.C.

1.

We have heard learned Counsel for the parties. 2.

The only substantive prayer as made in this petition is a direction sought to be given to the Assistant Charity Commissioner that the pending Change Reports be taken up for adjudication and decided expeditiously, as these are the Change Reports of the year 2011 onwards, as set out in prayer clause (b) of the petition. Prayer clause (b) of the petition reads thus: "(b) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the like nature of writ under Article 226 of the Constitution of India thereby directing the Resondent No.3 the Assistant Charity Commissioner, Sangli, District Sangli to club together and hear and finally decide the Change Report bearing Nos.1414 of 2011, 1146 of 2013, 380 of 2014, 102 of 2015, 483 of 2015, 1059 of 2015, 2160 of 2018, 2161 of 2018, 73 of 2021, 372 of 2021 and 373 of 2021 and _____ of 2022 as expeditiously as possible in time bound manner."

12 February 2025

P. V. RANE 13WP15298-22.ODT 3.

Having perused the averments as made in the petition, we are of the opinion that it is in the interest of justice that the Change Reports be decided by the Assistant Charity Commissioner as expeditiously as possible as they pertain to years 2011, 2013, 2014, 2015, 2018, 2021 and 2022 which is almost a period of 13 to 14 years. The Change Reports cannot be kept pending for so long. They need to be decided expeditiously. 4.

In this view of the matter, the petition is disposed of by directing that the Change Reports as set out in prayer clause (b) be decided as expeditiously as possible and within a period of six months from the date a copy of this order is presented before the Assistant Charity Commissioner. 5.

All contentions of the parties in the Change Reports are expressly kept open.

6.

Disposed of in the above terms. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 12 February 2025 P. V. Rane