Himmatrao Tukaram Patil vs The State Of Mahrashtra And ...
2022 Latest Caselaw 8119 Bom

                                        1             wp12016.19 Judgment



             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                            WRIT PETITION NO.12016 OF 2019


Himmatrao S/o Tukaram Patil,
Age: 74 years, Occ: Agriculture,
R/o: Uchande, Tq. Muktainagar,
District: Jalgaon.                                         ...PETITIONER

                    VERSUS

1.         The State of Maharashtra,


2.         The Assistant Charity Commissioner,
           Jalgaon.

2.         Rambhau s/o Shivram Patil,
           Age: 64 yrs, Occ; Agril,
           R/o; Uchande, Tq. Muktainagar,
           District: Jalgaon.                       ...RESPONDENTS

                                      ...
               Advocate for Petitioner : Mr.Phatke Rajendra P.
            AGP for Respondent Nos. 1 & 2-State : Mr.S.B.Yawalkar
            Advocate for Respondent No. 3 : Mr. M.S.Sonwane h/f
                             Mr.Patil Mangesh G.
                                      ...

                                   CORAM : MANGESH S. PATIL &
                                           SANDEEP V. MARNE, JJ.

DATE : 20.08.2022.

ORAL JUDGMENT : (PER - MANGESH S. PATIL, J)

. Rule.

2. Rule made returnable forthwith and heard the learned

Advocates for the respective parties finally at the stage of admission.

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3. The petitioner is merely aggrieved by the fact that inspite

of pendency of the change report inquiries before the learned

Assistant Charity Commissioner since the year 2010, the delay

condonation applications are still pending. Though initially those

were decided. The orders were challenged before the Joint Charity

Commissioner in appeal. By the judgment and order dated

17.07.2015 the Joint Charity Commissioner had allowed those

appeals and had directed the learned Assistant Charity

Commissioner to decide the applications for condonation of delay.

Inspite of lapse of more than 7 years the applications for condonation

of delay have not been decided.

4. Needless to state that the change reports are awaiting

decision since the year 2010. Even the applications which were

directed to be decided expeditiously, by the Joint Charity

Commissioner have not been decided for last 7 years.

5. We cannot fathom the situation. The learned Deputy

Charity Commissioner to whom subsequently the matters have been

transferred has shown lack of urgency.

6. The Writ Petition is allowed. The Deputy Charity

Commissioner shall decide the applications for condonation of delay

within 8 weeks from today.

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7. Office to intimate the Deputy Charity Commissioner,

Jalgaon immediately by all modes.

8. Needless to state that the parties shall not unnecessarily

seek adjournments and shall co-operate the Deputy Charity

Commissioner in deciding the applications.

9. The Deputy Charity Commissioner shall not tolerate the

dilatory tactics of the parties.

10. Rule is made absolute in the above terms.

     ( SANDEEP V. MARNE )                     ( MANGESH S. PATIL )
           JUDGE                                   JUDGE



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