Raju S/O Wasudeo Karanjkar v. Sudhakar S/O Vyankatrao Nakil And Others

2025:BHC-NAG:11088 1 98-WP-4461-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4461 OF 2024 Raju S/o. Wasudeo Karanjkar Vs.

Sudhakar S/o. Vyankatrao Nakil and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. R.G. Bajaj, Advocate for the Petitioner.

Ms. H.N. Jaipurkar, AGP for the Respondent/State. Mr. C.A. Babrekar, Advocate for Respondent No.2. CORAM: SIDDHESHWAR S. THOMBRE, J .

DATED : 15 th OCTOBER, 1.

Heard Ms. R.G. Bajaj, learned counsel for the petitioner, Ms. H.N. Jaipurkar, learned AGP for the respondent and Mr. C.A. Babrekar, learned counsel for respondent No.2.

2.

The petitioner is challenging the order passed by the learned Assistant Charity Commissioner, Amravati in Change Report No.487/2012, which was accepted on 27.09.2017. The same was challenged by filing an appeal No.64/2017 before the learned Joint Charity Commissioner which came to be dismissed.

3.

Learned counsel for the petitioner submits that the issue regarding the Gift Deed is already pending before the Additional District Judge, Achalpur in RCS No.79/2017. In view of this, considering the findings recorded by the learned Joint Charity Commissioner, there is no reason to interfere with the order passed by

2 98-WP-4461-2024.odt the learned Joint Charity Commissioner. However, if any order is passed by the Appellate Court in favour of the petitioner, the same shall be binding on all parties concerned.

4.

If the order of the Appellate Court goes in favour of the petitioner, the petitioner is at liberty to file an application before the learned Joint Charity Commissioner afresh. This, however, shall not restrict the petitioner from challenging the same before the learned Joint Charity Commissioner.

5.

In view thereof, the present writ petition is disposed of. No order as to costs.

(S IDDHESHWAR S. THOMBRE J.

) Privel