Bombay High Court
Navjivan Gramvikas Tarun Mandal vs Pandit Baburao Achlere And Ors on 18 October, 2023
Bench: Madhav J. Jamdar
104-wp-8499-2009.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8499 OF 2009
Navjivan Gramvikas Tarun Mandal ...Petitioner
Versus
Pandit Baburao Achlere & Ors. ...Respondents
WITH
CIVIL APPLICATION NO.1738 OF 2010
IN
WRIT PETITION NO.8499 OF 2009
Hanumant Annappa Patil ...Petitioner
Versus
Pandit Baburao Achlere & Ors. ...Respondents
Mr. I. M. Khairdi, for the Petitioner.
Mr. Surel Shah i/b. Mr. Yogesh G. Thorat, for Respondent No.1.
Mr. R. S. Alange, for Respondent Nos.2, 3, 4, 6, 8, 9 and 11.
Mr. S. D. Rayrikar, AGP, for the State/Respondent Nos.12 to 14.
CORAM : MADHAV J. JAMDAR, J.
DATED : 18th OCTOBER 2023
P.C. :
1. By the present Writ Petition filed under Articles 226 and 227 of
the Constitution of India, the Petitioner is challenging the legality and
validity of order dated 26th August 2009 passed by the learned Joint
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Charity Commissioner, Latur Region, Latur below Exhibit-1 in
Application No.21 of 2008 to the extent of clause Nos.3 and 4 of the
said order. The said clause Nos.3 and 4 read as under:-
"3. Shri. Jagdish G. Pardeshi, Advocate R/o: Solapur is
appointed as fit person to look after the management of
the trust 'Navjeevan Gramvikas Tarun Mandal,
Shingadgaon' trust registration No. F-1019 (Solapur) till
final decision of this proceeding. The fit person is entitle
to remuneration of Rs.3000/- per month from the
account of the trust.
4. The opponents are directed to handover charge of the
trust to Shri. Jagdish S. Pardeshi, Advocate within 1
Month from the date of this order."
2. By order dated 6th July 2010 passed in Writ Petition, ad-interim
relief in terms of prayer clause (d) has been granted. The said prayer
clause (d) reads as under:-
"(d) Pending the hearing and final disposal of the
present petition, this Hon'ble Court be pleased to stay
the execution, implementation and carrying into effect of
that part of judgment and order dated 26.8.2009
whereby Shri. Jadish S. Pardeshi is appointed as fit
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person and direction was issued to hand over charge to
the said fit person, passed by the Ld. Joint C.C., Latur in
suo-moto Application No.21 of 2008, may kindly be
ordered to be stayed;"
3. Thus, a learned Single Judge by order dated 6th July 2010
stayed the implementation of clause Nos.3 and 4 of the impugned
order dated 26th August 2009.
4. Mr. Surel Shah and Mr. Alange, learned counsel appearing for
the contesting Respondents state that, by passage of time and in view
of order passed by a learned Single Judge by which, implementation
of clause Nos.3 and 4 has been stayed, the Writ Petition can be
disposed of by consent and the said clause Nos.3 and 4 be set aside.
5. Accordingly, the Writ Petition is allowed by setting aside clause
Nos.3 and 4 of order dated 26th August 2009 passed by the learned
Joint Charity Commissioner, Latur Region, Latur below Exhibit-1 in
Application No.21 of 2008.
6. Mr. Surel Shah, learned counsel appearing for Respondent No.1
states that there are several Change Reports which are filed and they
are pending before the learned Assistant Charity Commissioner,
Solapur. The learned Assistant Charity Commissioner is requested to
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dispose of said Change Reports expeditiously.
7. The Writ Petition is disposed of in above terms with no order as
to costs.
8. In view of the disposal of the Writ Petition, nothing survives in
the Civil Application and the same is also disposed of.
[MADHAV J. JAMDAR, J.]
Signed by: Sonali Patil
Designation: PA To Honourable Judge
Date: 20/10/2023 09:55:38
