Madhavrao Hanmantrao Patil Takalikar v. The State Of Maharashtra Through The Secretary And Others

1 931

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO. 557 OF 2024 MADHAVRAO HANMANTRAO PATIL TAKALIKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Kulkarni Mukul S. AGP for Respondent/State: Mrs. K. R. Jamdhade ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16th JANUARY, 2024 PER COURT:

1.

Heard.

2.

The petitioner is challenging the order dated 27.12.2023, below Exhibit 26, in inquiry application no.720 of 2021, wherein the petitioner has filed an application seeking recusal of the Deputy Charity Commissioner, bringing it to the notice of the Deputy Charity Commissioner, an order passed by this court dated 22.12.2023, in the proceedings arising between the parties, wherein, the same charity commissioner was called upon to explain his conduct. The learned counsel for the petitioner has also pointed out in a separate inquiry initiated against the Joint Charity Commissioner, the petitioner has also filed an affidavit against her and the same is at page no. 133 of the writ petition and he submits that there is a reasonable apprehension of bias of

2 931 the Deputy Charity Commissioner against the petitioner. The apprehension is expressed based on material on record and there is no reference to it made by the said Deputy Charity Commissioner in it's order dated 27.12.2023.

3.

Issue notice to the respondents, returnable on 13.02.2024. Notice to indicate that, if time permits, the petition would be disposed of at the admission stage.

4.

As an ad interim order, further proceedings in inquiry application no.720/2021, pending before the Deputy Charity Commissioner, Latur - Respondent No.2, is stayed, till the next date. [ARUN R. PEDNEKER, J.] marathe