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 - corrected copy(2).docx

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. Appearance not submitted by Respondent No.2.

CORAM:

SOMASEKHAR SUNDARESAN, J.

DATE :

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

1.

Learned Counsel for the Applicant, who is Respondent No. 2 in the Writ Petition, and has moved a praecipe seeks an urgent variation of an 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 trustees to operate the bank accounts of the Trust in question for purposes of incurring day to day expenses of by AARTI GAJANAN PALKAR Date:

2024.12.27 16:49:17 +0530 AARTI GAJANAN PALKAR the Masjid and other Trust properties. In the interregnum, they have December 26, 2024 (Corrected as per Order dated December 27, 2024)

Aarti Palkar 6.WP.18892.2024 - corrected copy(2).docx 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 parties, 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 of.

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 (Corrected as per Order dated December 27, 2024) Aarti Palkar