Yakub Baig Trust Panvel Erstwhile Mominpada Masjid Yakub Baig Trust, Through Chief And ANR v. The Assistant Charity Commissioner Alibag And ANR

Aarti Palkar 6.WP.18892.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18892 OF 2024 Yakub Baig Trust Panvel & Anr.

.. Petitioners

Versus

The Assistant Charity Commissioner Alibag, District : Raigad & Anr.

.. Respondents Mr. Ashutosh Hasija i/b. Sachin S. Punde, Advocate for Petitioner.

Ms Kavita N. Solunke, AGP for Respondent-State.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

DECEMBER 26, 2024 (VACATION COURT) P. C.

1.

Learned Counsel for the Petitioners seeks an urgent stay on the Order dated December 18, 2024 passed by the Learned Single Judge of this Court sitting in the Regular Bench.

2.

The Order dated December 18, 2024 entails an ad-interim arrangement which enables the Petitioners to operate the bank accounts of the Trust in question for purposes of incurring day to day expenses of the Masjid and other Trust properties. In the interregnum, December 26, 2024 Aarti Palkar Digitally signed by AARTI GAJANAN PALKAR Date:

2024.12.27 13:40:13 +0530 AARTI GAJANAN PALKAR

Aarti Palkar 6.WP.18892.2024.doc the Petitioners have been prohibited from dealing with the properties of the Trust in any other manner and have also been directed to maintain accounts and submit it to the Office of the Assistant Charity Commissioner within 15 days. It is seen that the matter has been stood over to February 18, 2025.

3.

Having heard the Learned Counsel for the Petitioners. It is evident that no case for any intervention of any nature whatsoever is made out. That apart, it would be wholly inappropriate for a Vacation Court to interfere with an ad-interim arrangement made in a matter that the Regular Bench is seized off.

4.

In these circumstances, the prayer for stay on the effect and operation of the Order dated December 18, 2024 is hereby rejected. 5.

Stand over to February 18, 2025.

6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[SOMASEKHAR SUNDARESAN, J.] December 26, 2024 Aarti Palkar