Nathulal Baliram Uikey v. Barelal S/O Premlal Varkhede And Another

1 26-7455-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7455 OF 2024 Nathulal Baliram Uikey Vs.

Barelal s/o Premlal Varkhede & Another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sanket Walde, Advocate for Petitioner CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 17th FEBRUARY, 2025 The only ground which is raised vis-a-vis the order dated 27.6.2024, passed by the Assistant Charity Commissioner, Gondia (page 60), under Section 41-A of the Maharashtra Public Trusts Act, is that the applicant therein had also filed proceedings under Section 22 of the Maharashtra Public Trust Act. In our considered opinion, there is no statutory bar, for a person who has approached the Assistant Charity Commissioner under Section 22 of the Act, to file an application under Section 41-A of the said Act. All that order dated 27.6.2024 does is direct the managing committee to hold the elections which have already been held according to the learned counsel for the petitioner. In that view of the matter,

2 26-7455-24.odt the impugned order needs no interference, as it has executed. The petition is therefore, dismissed. No costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 17/02/2025 17:59:20