Parbhani Education Society Parbhani Through Its Secretary Shamim Ahmed Abdul Rahim And Another v. Anwar Ali Shah

2024:BHC-AUG:11225-DB 937-wp-5801-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO.5801 OF 2024 1.

Parbhani Education Society, Parbhani, Dr. Zakir Hussain Campus, Khandoba Road, Parbhani, Through its Secretary, Shri. Shamim Ahmed Abdul Rahim, Age: 68 years, Occu.: Contractor, R/o. Old Pedgaon Road, Inayat Nagar, Parbhani, Tq. And Dist. Parbhani.

2.

Syed Nazim Ali, Joint Secretary & Member of Parbhani Education Society, Parbhani, Tq. And Dist. Parbhani, As per Approved Schedule-I, Age: 75 years, Occu.: Pensioner, R/o. S. T. Colony, In front of Collector Office, Chhatrapati Sambhajinagar, Tq. And Dist. Chhatrapati Sambhajinagar.

.. PETITIONERS

VERSUS

Dr. Anwar Ali Shah Age: 74 years, Occu.: Pensioner, R/o. C/o. Shah Dental Hospital, Near Mahetab Ali Shah Masjid, Parbhani, Tq. And Dist. Parbhani.

.. RESPONDENT ...

Mr. Vivek J. Dhage a/w Mr. D. A. Karnik, Advocate for the Petitioner. Mr. Sanket Jadhav h/f Ms. Anjali Dube, Advocate for the respondent. ...

CORAM : MANGESH S. PATIL AND SHAILESH P BRAHME, JJ.

DATE : 19 JUNE 2024 ORDER :- The petitioners are before us being aggrieved by the order passed by the Assistant Charity Commissioner refusing to grant any [1]

937-wp-5801-2024.odt interim relief pending inquiry under Section 41-A of the Maharashtra Public Trust Act, 1950.

2.

It is being pointed out that during the pendency of a dispute between the Management, the recruitment process has been initiated by the respondent.

3.

Needless to state that till the Assistant Charity Commissioner decides the proceeding under Section 41-A of the Maharashtra Public Trust Act, 1950, there would be complications if the ongoing recruitment process is allowed to continue. In order to avoid the issue being vexed, there will have to be some interim relief. 4.

Issue notice to the respondent for final disposal, returnable on 10 July 2024. Learned Advocate Mr. Sanket Jadhav holding for learned Advocate Ms. Anjali Dube waives notice for the respondent - State. 5.

Till the next date, there shall be interim relief in terms of prayer clause 'C'

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE scm [2]