Maharashtra Academy Of ... vs Assistant Charity Commissioner ...
2022 Latest Caselaw 6690 Bom

                                1            9-WP 8258-21 @ WP 8259-21.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO.8258 OF 2021

Maharashtra Academy of Engineering &
Educational Research, Pune                            ... Petitioner
      Vs.
Assistant Charity Commissioner-1, Pune
& Ors.                                                ... Respondents

                             WITH
                 WRIT PETITION NO.8259 OF 2021

Maharashtra Academy of Engineering &
Educational Research, Pune                          ... Petitioner
      Vs.
Assistant Charity Commissioner-1, Pune
& Ors.                                              ... Respondents
                                  -----

Mr.Y.S. Jahagirdar, Sr. Advocate with Mr. Nikhil Dongre and Mr. Yash Dewal i/by Mr. Shailendra S. Kanetkar for the Petitioner in both WPs.

Mr.P. P. Pujari, AGP for the Respondent-State in both WPs.

-----

CORAM: ABHAY AHUJA J.

DATE : 14TH JULY 2022

P.C.:

1. By Writ Petition No.8258 of 2021, the Petitioner

challenges the judgment and order dated 21st January, 2021 passed

by Respondent No.1-Assistant Charity Commissioner-1, Pune below

Exhibit 23 rejecting the application of the Petitioner to take judicial

note of the factum of death of Respondent No.2, rejecting the prayer

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for abatement of the proceedings of Change Report No.2304 of 2019.

By Writ Petition No.8259 of 2021, the Petitioner is aggrieved by the

order passed on the same day by Respondent No.1-Assistant

Charity Commissioner allowing Exhibit 24 application by

Respondent No.3, son of deceased Respondent No.2 directing the

Petitioner to join Respondent No.3 as an Intervenor.

2. Mr. Jahagirdar, learned Senior Counsel for the Petitioner

would submit that Respondent No.3 had made an application for

adding as person interested, which application was allowed by the

Assistant Charity Commissioner, Pune. He submits that Respondent

No.1 has erred in passing the impugned orders as on the one hand

Respondent No.2 having already passed away and despite that

Respondent No.1 is insisting on going on with the matter and on the

other hand he has directed Respondent No.3 to be joined as

Intervenor.

3. Having heard learned Senior Counsel for the Petitioner,

this Court is of the view that the Petitioner has a prima facie case.

In this view of the matter, issue notice to the Respondents,

returnable on 11/08/2022. Learned AGP waives service of notice on

behalf of Respondent-State.

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4. In the meanwhile, there will be an ad-interim relief in

terms of prayer clause (d) in both the Petitions till the next date.

5. List the Petitions on 11/08/2022.

(ABHAY AHUJA, J.)

MUGDHA M PARANJAPE Digitally signed by MUGDHA M PARANJAPE Date: 2022.07.14 18:52:54 +0530

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