Shree Revansiddha Devi Renavi And ORS v. The Joint Charity Commissioner Kolhapur And ORS

6 WP-1552-2023.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15552 OF 2023 Shree Revansiddha Dev Renavi & Ors.

....Petitioners V/s The Joint Charity Commissioner Kolhapur, region Kolhapur & Ors.

.... Respondents.

Mr. Ranjit Shinde for the Petitioner.

Mr. K.S. Thorat, AGP for Respondent-State.

Mr. Shrishail Sakhare for the Intervener.

CORAM: A.S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ DATE: 18th DECEMBER, 2023 P.C.:- 1] Heard.

2] The Petitioner is aggrieved by the direction issued by the learned Joint Charity Commissioner on 08/08/2022 by which the Inspector in the office of the learned Joint Charity Commissioner has been directed to conduct an inquiry and submit a report as per the Circular No.148 in the matter of appointment of trustees.

3] It is seen that in suo motu proceedings under Section 47 of the Maharashtra Public Trusts Act, 1950, the present Petitioners had moved an application below Exhibit-123 for disposing of the said proceedings on the count that Circular 1/2

6 WP-1552-2023.doc No.148 is not applicable to them. The learned Joint Charity Commissioner by an order dated 09/5/2022 rejected the said application and challenge to this order is a subject matter of Writ Petition No.1183 of 2023 which is pending before the learned Single Judge.

4] Since we find that the direction issued on 08/08/2022 by the learned Joint Charity Commissioner is a fallout of the suo motu proceedings bearing Application No.3 of 2018, it would be in the interest of justice to permit the Petitioners to assail this communication which is a fallout of the proceedings that are subject matter of challenge before the learned Single Judge. Hence, present Writ Petition is disposed of with liberty to the Petitioners to seek appropriate relief as regards the order dated 08/08/2022 in Writ Petition pending before the learned Single Judge. Insofar as prayer for intervention is made, it would be open for the said Applicant to make that prayer in the pending Writ Petition before the learned Single Judge.

5] Keeping all the points raised in the present Writ Petition open, the same is disposed of in aforesaid terms. [ FIRDOSH P. POONIWALLA, J.] [ A.S. CHANDURKAR, J.] 2/2