Ejaj Kibriya Khan Maqsood Ali Khan ... vs Assistant Charity Commissioner, ...
2023 Latest Caselaw 912 Bom

                                                                                               (1)                                                  927wp457.23

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

                                                WRIT PETITION NO. 457 OF 2023
Ejaj Kibriya Khan Maqsood Ali Khan __ Vs. ___Assistant Charity Commissioner & anr
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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. Z.Z.Haq, Advocate for petitioner
           Mr. T.Khan, AGP for Respondent Nos. 1 & 2


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

DATE : 27/01/2023

Issue notice to the Respondents, on the contention that in the application under Section 41A of the Bombay Public Trust Act, the objector Salam Abdul Gafar in CR No. 362/1996, who was one of the applicant in the proceedings under Section 41A of the BPT Act had admitted that the present petitioner was the member of the society (para 2, page 77), which position does not appear to have been considered by the learned Assistant Charity Commissioner, while passing the judgment dated 5.9.2017 upsetting the judgment and order dated 19.8.2014 in CR No.362/92 (pg.52), which position also does not appear to have been considered in the appellate judgment dated 5.9.2017 (pg.55).

The notice shall be returnable on 13.2.2023. Leaned AGP waives notice for Respondent Nos. 1 and 2.

JUDGE Rvjalit