Sohil Gulmohammad Shaikh (Bagwan) v. State Of Maharashtra G.P. Writ Cell And ANR.

11-WP-2636-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2636 OF 2024 Sohil Gulmohammad Shaikh

...Petitioner

Versus

State Of Maharashtra And Ors.

...Respondents

__________ Adv. Mamta Pandey, i/b Adv. Sushant Prabhune, for the Petitioner. Adv. Y.D. Patil AGP for the Respondent No. 1-State. __________ CORAM :

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

DATE :

14 JANUARY 2025 P.C.:

1.

We have heard learned counsel for the petitioner. This writ petition is filed praying for the following relief:- a) That the Respondent no.2 may kindly be directed to forthwith comply with the Order dated 6th January 2021 passed in Writ Petition no st 93354 of 2020 by hearing and deciding the Complaint (EXH E) and Application (EXH M) filed by the Petitioner as expeditiously as possible;

b) That this Hon'ble Court may kindly initiate appropriate action against the Respondent no.2 for non-compliance of the Order dated 6th January 2021 passed in Writ Petition no st 93354 of 2020 without any valid reason;" 2.

We find that by an order dated 6 January 2021 passed by a coordinate Bench of this Court, writ petition (st) No. 93354 of 2020 filed by the petitioner came to be disposed directing the Charity Commissioner to dispose of the Mayur Adane, PA

11-WP-2636-2024 (C).doc petitioner's complaint dated 28 January 2020 expeditiously and that an endeavor be made to dispose of such complaint and any application filed by the petitioner within six months from the date of receipt of the application after hearing the petitioner as well as trustees of respondent no. 5. 3.

The grievance of the petitioner is that the proceedings are still not decided by the learned Charity Commissioner and hence the present petition has been filed praying for the relief as noted hereinabove. 4.

In our opinion, the learned Charity Commissioner considering that this Court had passed a categorical order dated 6 January 2021ought to have given priority to the proceedings and decided the proceedings without requiring the petitioner to approach this Court again seeking the same reliefs. In these circumstances considering the earlier orders passed on the said proceedings, we direct the Charity Commissioner to pass appropriate orders on the petitioner's application within four weeks from today, if already not passed. No further extension shall be granted.

5.

Petition stands disposed of in the aforesaid terms. 6.

The parties to act upon the authenticated copy of this order. 7.

All contentions of the parties on the proceedings are expressly kept open. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Mayur Adane, PA