Ms Dr Hegdewar Nagari Coop Patsanstha Maryadit And Another v. Kamalkishore Radhesyam Parik

11-WP-12512-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 12512 OF 2024 Shree Mahalaxmi Bhakt Mandal, Kolhapur Thr. Trustee Shri. Raju Anant Mevekari-Jadhav .... Petitioner

Versus

Joint Charity Commissioner, Kolhapur .... Respondents ----- Adv. Venkatesh A. Shastry, Advocate for the Petitioner. Adv. V. S. Nimbalkar, AGP, for Respondent No.1 - State. ----- CORAM : R. M. JOSHI, J.

by SHANTANU SHANKARSA DHUDUM Date:

2024.09.24 12:14:25 +0530 SHANTANU SHANKARSA DHUDUM DATE : 20th SEPTEMBER, 2024.

P.C. :

1.

Heard.

2.

Learned counsel for the Petitioner has drawn attention of the Court to the observations made by the Joint Charity Commissioner, Kolhapur in the impugned order, wherein it is stated that Trust has taken advance of Rs.34,98,038/-. By placing on record, the balance sheet of the Trust for the assessment year of Shantanu Dhudum 1/2

11-WP-12512-2024.doc 2022-2023, it is pointed out that in fact the Trust has advanced money to its employees was done during the COVID-19 Pandemic period. Thus, he contends that Authority has committed error in appreciating facts correctly.

It is his further grievance that though it is recorded in the said order that the Trust report Exhibit-47 has not been responded by the Petitioner. He makes statement on instructions that this report was never served upon the Petitioner. Statement is accepted. 3.

Having regard to the aforestated facts, arguable case is made out by the Petitioner. Hence, issue notice to the Respondents, returnable on 25th October, 2024.

4.

Till the next date of hearing, there shall be stayed to the impugned order.

5.

Learned AGP waives service on behalf of the Respondent/ Joint Charity Commissioner.

( R. M. JOSHI, J.) Shantanu Dhudum 2/2