Sansthan Shridev Ganpatipule And ORS v. Joint Charity Commissioner, Kolhapur And ORS

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1593 OF 2024 Sansthan Shridev Ganpatipule and Ors.

.. Petitioners

Versus

Joint Charity Commissioner, Kolhapur Division, Kolhapur.

.. Respondents ....................

 Mr. Shailendra S. Kanetkar, Advocate for Petitoners. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 09, 2024.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Mr. Kanetkar, learned Advocate for Petitioners. 3.

The order impugned in the present Writ Petition is passed on an Application filed below Exhibit 41E of the Maharashtra Public Trusts Act, 1950 (for short "the said Act").

4.

By virtue of the said order, the Competent Authority has directed enquiry to be conducted under Section 33(4) of the said Act by coming to the conclusion that there is some suspicion in the functioning of the Trust and its activities.

5.

Mr. Kanetkar would submit that in a parallel proceedings which are pending before this Court namely Writ Petition No.7874 of

2021 challenging the Change Report allowed by the Joint Charity Commissioner, Kolhapur Division, this Court passed order dated 24.11.2021 for stay of the said order and passed interim protection allowing the Trust to function and operate. He would submit that without considering the effect of the order dated 24.11.2021, the impugned order has been passed which is challenged in the present Writ Petition. Considering the substantive challenge maintained by the Petitioner and the order dated 24.11.2021, the effect of the impugned order shall stand stayed in the meanwhile. 6.

An arguable case has been made out by Mr. Kanetkar for issuance of notice.

7.

Issue notice to the Respondents. Humdast permitted. 8.

In addition to Court notice, Petitioners are permitted to serve a copy of the Petition and this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.

9.

Respondents are directed to remain present in Court on the next adjourned date either by themselves or through Advocates. 10.

Respondents are directed to file their Affidavit-in-Reply on or before the next date, if so desired.

11.

Stand over to 23rd February, 2024.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.02.09 15:06:33 +0530 AJAY TRAMBAK UGALMUGALE