Shri. Shankarrao Ganpatrao ... vs Joint Charity Commissioner, ...
2017 Latest Caselaw 4900 Bom

 2107WP3126.15-Judgment                                                                         1/2


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.


                      WRIT PETITION NO.  3126  OF    2015


 PETITIONERS :-                 1) Shri Shankarrao Ganpatrao Gaikawad, Aged
                                   about 72 years, Occu : Profession, R/o Post
                                   Kondhali, Tahsil Katol, Distt. Nagpur. 
                                2) Shri Ajabrao Anandrao Kale, Aged about 75
                                   years, R/o  at  Saoli  (Bk), Post  Kalmeshwar,
                                   Distt. Nagpur. 

                                         ...VERSUS... 

 RESPONDENTS :-                  1) Joint   Charity   Commissioner,   Civil   Lines,
                                    Nagpur. 
                                 2) Gulabrao   Gabaji   Giradkar,   Aged   about   73
                                    years,   Occu   :   business,   R/o   Ashok   Chowk,
                                    Saraipeth Umred Road, Nagpur. 

 ---------------------------------------------------------------------------------------------------
                   Mr.M.V.Masodkar, counsel for the petitioners.
     Mr.K.L.Dharmadhikari, Asstt.Govt.Pleader for the respondent No.1.
               Mr.S.D.Abhyankar, counsel for the respondent No.2.
 ---------------------------------------------------------------------------------------------------

                                        CORAM : SMT. VASANTI    A    NAIK & 
                                                    ARUN  D. UPADHYE
                                                                     ,   JJ.

DATED : 21.07.2017

O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)

By this writ petition, the petitioners have challenged the

judgment of the Joint Charity Commissioner, Nagpur dated 18/04/2015

directing the petitioners not to interfere in the administration of the

trust and the educational institution run by the executive committee.

2107WP3126.15-Judgment 2/2

When this writ petition was filed, the change report filed

by the respondent No.2 was not accepted and was pending and since

the petitioners claim to be the president and treasurer, we had stayed

the order of the Joint Charity Commissioner dated 18/04/2015, during

the pendency of the writ petition.

It is now informed to this court that the change report

filed by the respondent No.2 was rejected by the Assistant Charity

Commissioner and the appeal filed by the respondent No.2 against the

same is allowed. If that is so, the petitioners would not continue to be

the president and the treasurer, as they are not elected as per the

change report that is now accepted by the appellate authority.

In view of the change in circumstances, the cause for filing

the writ petition is rendered infructuous and the same is liable to be

disposed of as such. The petitioners are free to take up appropriate

proceedings if they are aggrieved by the order of the appellate authority

accepting the change report filed by the respondent No.2.

Hence, we dispose of the writ petition with no order as to

costs. Rule stands discharged.

                        JUDGE                                               JUDGE
 KHUNTE