Abdul Naim Gulam Nabi vs The Assistant Charity Commissioner No. ...
2023 Latest Caselaw 12879 Bom

Bombay High Court

Abdul Naim Gulam Nabi vs The Assistant Charity Commissioner No. ... on 15 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                                                                                                         68. WP 8277 of 2023.odt
                                                                                           1


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

                                                        WRIT PETITION NO.8277/2023

                               Abdul Naim Gulam Nabi
                                     ...Versus...
       The Assistant Charity Commissioner No.1 Amravati Region, Amravati and
                                       another

 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -

                                                                         Mr. S.M. Vaishnav, Advocate for petitioner.


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 15/12/2023

1. Heard Mr. Vaishnav, learned counsel for the petitioner.

2. By the impugned judgment dated 21/02/2018 passed by the Joint Charity Commissioner in Appeal No.46/2016, it was directed that 11 (eleven) founder members of the Trust were directed to hold elections of the Executive Committee, as per the provisions of the constitution of the Trust within two months. A challenge to this in Writ Petition No.4853/2018 came to be rejected by the order dated 21/01/2019 (pg.59), whereby the aforesaid position attained finality.

68. WP 8277 of 2023.odt

3. Earlier in point of time Change Report No.4/2010 held that the persons, who are claimed to have been inducted as members, were not legally and validly inducted as members, a challenge to which in Appeal No.46/2016 was also rejected. Thereafter, another change report bearing Change Report No.20/2015 was filed, in which, an application for dismissal filed by the present petitioner on account of the fact that there was no change in the circumstances from the position as indicated in the judgment dated 21/02/2018 in Appeal No.46/2016 has been rejected by the learned Joint Charity Commissioner.

4. Issue notice for final disposal to the respondents, returnable after Christmas Vacation.

5. Assistant Government Pleader Mr. U.R. Phasate, waives service of notice for the respondent no.1.

6. The petitioner is permitted to serve the respondent no.2 by all modes of service permissible in law including Hamdast.

(AVINASH G. GHAROTE, J.)

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 15/12/2023 16:51:34