Bombay High Court
Jaipal S/O Pundlik Wanve vs In Charge Assistant Charity ... on 28 February, 2023
Bench: Avinash G. Gharote
(1) 914wp1193.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1193 OF 2021
Jaipal Pundlik Wanwe and ors__ Vs. __Joint Charity Commissioner and ors
WITH
WRIT PETITION NO. 1909 OF 2021
Jaipal Pundlik Wanwe __ Vs. __In Charge Assistant Charity Commissioner and ors
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. A.M.Ghare, Advocate for petitioners
Mrs. M.A.Barabde, AGP for respondent Nos. 1 & 2
Mr. P.A.Gode, Advocate for Respondent NO.3
Mr. S.D.Abhyankar, Advocate for Respondent NO.4
[
CORAM : AVINASH G. GHAROTE, J.
DATE : 28/02/2023
The present petition challenges the
judgment dated 13.10.2020 in Revision No. 144/2017
and Appeal Nos. 81/2017 & 216/2018, whereby the
judgment dated 16.2.2017 passed by the learned
Assistant Charity Commissioner allowing Change Report
No.38/2014, in respect of the change which is claimed to
have occurred in the meeting dated 05.11.2013 has been
set aside.
2] It is submitted by Mr. Abhyankar, learned
counsel for respondent No.6 that in an application under
Section 47 of the Maharashtra Public Trust Act, the
learned Joint Charity Commissioner by the judgment
dated 12.10.2012 had appointed trustees (pg.212) who
were directed to hold a meeting and appoint new office
bearers to the trust. The meeting was held on 9.11.2012
(2) 914wp1193.21
and the CR No.670/2012 was submitted in that regard,
which came to be rejected by the judgment dated
22.8.2014 (pg.57), appeal No. 68/2014 against which
was allowed by the judgment dated 5.10.2015 (pg. 219)
and the matter is remanded back to the learned Assistant
Charity Commissioner. CR Nos. 670/2012 and 38/2014
were both pending and were to be decided together,
however they were separated and CR No. 38/2014 was
accepted by the judgment dated 16.02.2017, revision
and appeal against which as indicated above have been
allowed, which are the subject matter of challenge in this
petition.
3] He however, submits that CR No. 670/2012
has since then been allowed on 30.3.2022. It would
therefore be necessary to have a look at the judgment in
CR No. 670/2012, since it speaks about an earlier
meeting for the election of the office bearers and CR No.
38/2014 being a change report for the election claimed
to have been held on 5.11.2013, would be subsequent in
time.
4] The judgment in CR No. 670/2012 therefore
be placed on record.
5] List the matter on 08.03.2023.
JUDGE
Rvjalit
