Rajaram Tukaram Gundap v. Mohan Tukaram Patil And ORS
2025:BHC-AS:28597 25 wp 9244 of 2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9244 OF 2025 Rajaram Tukaram Gundap ...
Petitioner versus Mohan Tukaram Patil and Ors.
...
Respondents Mr. Deepen Dixit with Mr. Vinayak Palande, Mr. Suraj Haralkar, for Petitioner. Mr. Chetan Patil for Respondent No.1.
Mr. A.I.Patel, Addl. Govt. Pleader with Mrs. V.R.Raje, AgP for Respondent Nos.2 and 3.
CORAM: N.J.JAMADAR, J.
DATE :
11 JULY 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
The challenge in this Petition is to an order dated 6 May 2025 passed by the learned Assistant Charity Commissioner, Kolhapur, whereby the application preferred by the Petitioner (Exh.74) in Change Report No.1038 of 2017 seeking production of the original notice of meeting dated 3 June 2007, proceedings book of the meeting dated 10 June 2007 and the resolutions passed therein, came to be rejected. Learned Assistant Charity Commissioner was persuaded to reject the application primarily on two grounds. First, these documents may not have any bearing on the determination of the Change Report for the term 2017-2022. Second, the reporting trustees have already filed copies of those documents, which are marked as Exhibits 30 to 32. 3.
The principal grievance of the Petitioner is that those documents are SSP 1/2
25 wp 9244 of 2025.doc not genuine. Since the documents have already been marked in evidence at Exhibits 30 to 32, the prayer for production of the original documents is not required to be entertained. However, as it is the allegation of the Petitioner that those documents are not genuine, the reporting trustees shall produce those documents only for the perusal of the learned Assistant Charity Commissioner, who shall satisfy himself that the documents produced at Exhibits 30 to 32 are the copies of the original documents to be tendered for the perusal.
4.
The Writ Petition stands disposed.
( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 14/07/2025 11:34:49