Walwa Education Society Through Secretary, Shivraj Patil v. The Joint Charity Commissioner And ANR

rpa 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 727 OF 2016 ALONGWITH CIVIL APPLICATION NO.223 OF 2016 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ ......

Mr. Venkatesh A. Shastry, Advocate for the Petitioner. Mr.Prashant P. Jamdar, Advocate for the Applicant in CA No.223 of 2016.

Mrs. M. P. Thakur, AGP for Respondent Nos.1 and 2. ......

CORAM : A.S. OKA AND C.V. BHADANG, JJ.

DATED :

FEBRUARY 17, 2016.

P.C.

Heard the learned counsel appearing for the petitioner. The only substantive prayer is prayer clause A which reads thus:

"[A] That this Honourable Court be pleased to direct the Respondents to decide and dispose off the Change Reports No.891/2009, 640/2011,

rpa 2/3 641/2011 and 642/2011 expeditiously and within such time frame as may be directed by this Honourable High Court."

The change reports subject matter of this petition are pending in the office of the Assistant Charity Commissioner, Kolhapur. A judicial notice will have to be taken of the fact that all the offices of the Assistant Charity Commissioners and the Deputy Charity Commissioner in the State have an issue of over flowing dockets and there is a huge pendency. We are sure that in the office of the Assistant Charity Commissioner, Kolhapur, older change reports of the years prior to the year 2011 must be pending. In fact, the roznama of the proceedings annexed to the petition shows that the charge reports were adjourned as the learned Assistant Commissioner was hearing change reports of the year 2003.

If the petitioner wants priority to be given to the hearing of the change reports, it is for the petitioner to make an appropriate application to the

rpa 3/3 Assistant Charity Commissioner at Kolhapur. If such application is made, the Assistant Charity Commissioner will decide the same in accordance with law. Subject to what is observed above, the writ petition is disposed of.

Civil application No.223 of 2016 does not survive and the same is also disposed of.

(C. V. BHADANG, J.) (A.S. OKA, J.)