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Bombay High CourtIA/14531/2024disposed off

Deputy Charity Commissioner Kolhapur v. Shri Bhaveshwari Shikshan Prasarak Mandal Kolhapur

2024-11-12Hon'Ble Justice Sharmila U. Deshmukh2 pages

503 ia-14531-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14531 OF 2024 IN WRIT PETITION NO. 2324 OF 2022 Deputy Charity Commissioner, Kolhapur.

...Applicant.

In the matter between :

Shri. Bhaveshwari Shikshan Prasarak Mandal Kolhapur.

...Petitioner.

Versus

Ananda Maruti Farakate and Others.

...Respondents.

------ Ms. Savita prabhune, AGP for the Applicant-State. Ms. Sakshi S. Inamdar, Mr. Hrishikesh Nabar i/b Uday Warunjikar for the Petitioner.

Mr. Aadesh Patil i/b Rahul Kasbekar for the Respondents. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 12, 2024.

P. C. :

1.

Not on board. Upon mentioning, taken on production board. 2.

Interim Application has been moved for extension of time for adjudicating the proceedings as directed by this Court vide order dated 6th August 2024. Learned AGP submits that the State of Maharashtra was not made party to the writ petition and thus was not aware of the proceedings. She would further submit that this Court vide order dated 6th August 2024 directed the Assistant Charity Commissioner to Patil-SR 1 of

503 ia-14531-24.doc decide the proceedings within three months from the date of knowledge of order and the Assistant Charity Commissioner became aware of the said order on 4th October 2024. She further submits that considering the ensuing assembly elections, time granted by order dated 6th August 2024 may be extended by three months from today. 3.

Although paragraph no.8 of the order of 6th August 2024 directs the Assistant Charity Commissioner to decide the proceedings within a period of three months from the date of knowledge of order, in order to avoid any difficulty in future, it is appropriate if time for deciding the proceedings is extended. There is no dispute that the State of Maharashtra was not party to the petition.

4.

In the light of above, time to decide the proceedings by the Assistant Charity Commissioner is extended by the period of three months from today.

5.

Interim Application stands disposed of.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 13/11/2024 11:58:32