Himmat Shankar Deshmukh v. Joint Charity Commissioner Kolhapur Region And ANR

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2167 OF 2025 Himmat Shankar Deshmukh

...Petitioner

~ versus ~ Joint Charity Commissioner & Anr

...Respondents

APPEARANCES FOR THE PETITIONER Mr Vaibhav R Gaikwad.

FOR RESPONDENTS NOS 1 & 2-STATE Mr TJ Kapre, AGP.

CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE : 14 FEBRUARY 2025 P.C.:

SHEPHALI SANJAY MORMARE 1.

Rule. Respondents waive service. Rule made returnable forthwith. With the consent of the parties, heard finally. SHEPHALI SANJAY MORMARE Date: 2025.03.10 10:13:16 +0530 2.

This petition is filed under Article 226 of the Constitution of India praying for the only substantive relief, which reads thus: "(b) After perusing and examining the record and proceedings this Hon'ble Court be pleased to direct the Joint Charity Commissioner, Kolhapur (Respondent no. 1) to decide the Revision Application No. 15/2021 in expeditious manner or in time bound manner."

3.

Mr. Vaibhav Gaikwad, learned counsel for the petitioner would submit that the petitioner in this petition is aggrieved by the inaction of respondent no. 1, i.e., Joint Charity Commissioner, Kolhapur in not deciding the Revision Application No. 15 of 2021, which is long pending with the said authority. 4.

Mr Kapre, learned AGP for respondents nos. 1 and 2-State would oppose the petition. However, there is no written opposition/reply to the said petition.

5.

We have heard the learned counsel for the parties and, with their assistance, perused the record. As correctly submitted by Mr Gaikwad, it appears that the Revision Application No. 15 of 2021 filed before the Joint Charity Commissioner, Kolhapur Region, Kolhapur, i.e., respondent no. 1 is pending decision/adjudication. 6.

In our view, such revision application needs to be decided/ adjudicated by the said respondent.

7.

Considering the above facts and circumstances, the following order would meet the ends of justice:

ORDER

(a) Respondent no. 1 is directed to decide the Revision Application No. 15 of 2021 after hearing the parties in accordance with law and pass a reasoned order as expeditiously as possible no later than within a period of six weeks from the date of this order is made available to the respondent no. 1.

(b) All contentions of the parties are expressly kept open. (c) The petition is disposed of in the above terms. No order as to costs.

(ADVAIT M. SETHNA, J) (G. S. KULKARNI, J)