Dr. Deepak Narendra Yawale vs Bhagwan Hari Bhakare And Others
2021 Latest Caselaw 10633 Bom

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

                                      LETTER
                                        IN
                    CIVIL WRIT PETITION NO. 2526 OF                                      2017 (D)

                     Deepak Narendra Yawale -Vs-Bhagwan Hari Bhakare and ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. N.R.Patil, AGP for respondent no.12.


                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL S.KILOR, JJ.

DATE : 09.08.2021.

1. We have perused the letter dated 19.07.2021, making a request to us for granting further time to dispose of the change report No.25 of 2015, as the time limit set by this Court vide judgment and order dated 12.07.2019 has expired long back.

2. The judgment and order dated 12.07.2019 delivered in this petition being Writ Petition No.2526 of 2017 directed the learned Assistant Charity Commissioner to decide change report No.25 of 2015 within a period of six months from the date already fixed in the said inquiry and the parties were directed to co- operate for early disposal of the matter.

3. Operative part of the said judgment and order reads as under:-

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"5. In view of above, following order is passed :-

i) The learned Assistant Charity Commissioner, is directed to decide change report No.25 of 2015 within a period of six months from the date now fixed in the said enquiry. The parties to co-operate for early disposal of the matter.

ii) The elections held after the order dated 25.4.2017 passed by this Court would obviously subject to the result of the change report No.25 of 2015.

iii) It is not necessary for us to adjudicate upon the correctness or otherwise of the order impugned in this petition and we make it clear that the none of observations made in the impugned order shall come in the way of any of the parties. The petition stands disposed of.

iv) Rule accordingly. No order as

4. to costs".

4. With these directions, this Court disposed of the writ petition. Thereafter, the petitioner in this petition filed another petition being Writ Petition No.7754 of 2019 on 18th November 2019 and on the same date, the petitioner made a prayer for grant of interim relief, which was granted by the learned Single Judge before whom the petition came up for hearing of admission. In the new petition, change report No.25 of 2015 was the subject matter and interim stay has been

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obtained by the petitioner in respect of this very change report and accordingly, further proceedings of change report No.25 of 2015 have been stayed.

5. It appears to us that, the directions issued by this Bench on 12.07.2019 may not have been brought by the learned Counsel for the petitioner within the knowledge of the learned Single Judge. Now, therefore, it is necessary that the letter dated 19.07.2021 be placed before the Single Bench along with Writ Petition No. 7754 of 2019 for appropriate consideration in the matter.

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)

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