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Bombay High CourtWP/6694/2024disposed off

Moni Vidyapith Gargoti Through Director, P.B. Patil v. The State Of Maharashtra Through G.P. And ORS.

2025-01-22Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6694 OF 2024.

Moni Vidyapith Gargoti Thr.

Director, P. B. Patil

...Petitioner

Vs The State of Maharashtra thr. G. P. and Ors.

...Respondents

------ Mr. Amit Icham a/w. Mr. Aniket Nikam for the Petitioner. Mr. Hamid Mulla, AGP for Respondent No.1.

Ms. Vrushali L. Maindad a/w. Shaheen Kapadia and Ms. Simran Raut for Respondent Nos.2 and 3.

------ CORAM : M. S. KARNIK, J.

DATE : 22nd JANUARY, 2025.

P. C. :

1.

Heard.

2.

Learned counsel for the petitioner submitted that some allegations were made against the Joint Charity Commissioner by respondent No.2 and hence by order dated 5/1/2022 the Charity Commissioner transferred the proceedings from Kolhapur to Pune. 3.

This order was passed on 5/1/2022. The proceedings were thereafter taken up by the Joint Charity Commissioner, Pune and heard from time to time. Now the matter is posted for final hearing 1 of

on 7/2/2025.

4.

Learned counsel for the petitioner submitted that the purpose for which the order dated 5/1/2022 was passed is no longer relevant as the then Joint Commissioner as well as the Hon'ble Minister against whom allegations were made have now been transferred. It is submitted that considerable inconvenience is caused to the petitioner to attend the hearings at Pune and therefore proceeding be now re-transferred to Kolhapur for hearing in accordance with law.

5.

I am not inclined to interfere in the present petition for the reason that the matter has been substantially heard by the Joint Charity Commissioner, Pune and is listed for final hearing on 7/2/2025. However, the aspect of inconvenience to the petitioner can be addressed by directing the Joint Charity Commissioner, Pune to finally hear the proceedings on the next date i.e. 7/2/2025 itself. It is assured by the petitioner as well respondents that they will not seek any adjournment and they will cooperate with the Joint Charity Commissioner in the disposal of the proceedings on the next date i.e. 7/2/2025.

2 of

6.

The Joint Charity Commissioner to ensure that the proceedings are decided in accordance with law expeditiously and in any case within a period of 4 weeks from 7/2/2025. 7.

The Petition is disposed of. No costs.

[M. S. KARNIK, J.] 3 of