Bombay High Court
Usha Baburao Pawar And Ors vs State Of Maharashtra Thr Government ... on 2 February, 2024
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2024:BHC-AS:5451-DB
908-WP-1500-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1500 OF 2024
Usha Baburao Pawar & Ors. ... Petitioners
Versus
State of Maharashtra & Ors. ...Respondents
Mr. Nikhil M. Pujari, for the Petitioner.
Ms. Shruti D. Vyas, Addl. G. P. for State.
_______________________
CORAM: G. S. KULKARNI &
FIRDOSH P. POONIWALLA, JJ.
DATED: 2 February, 2024
_______________________
P.C.
1. We have heard learned counsel for the petitioner, the only substantive
prayer as made in the petition is prayer clause (a) which reads thus:
"Issue and appropriate Writ / Order directing Deputy Charity Commissioner
to complete the inquiry as per Order dated 13.01.2023, whereby the Deputy
Charity Commissioner was supposed to complete the said inquiry against the
Respondents within a period of 3 months from the date of Order and same has
not been done till date."
2. Learned counsel for the petitioner has drawn our attention to an order
dated 30 January 2023 passed by the learned Joint Charity Commissioner,
Nashik region Nashik, the operative portion of which reads thus:
"ORDER
1. The Application No.17/2011 is rejected.
2. The ld.Dy.C.C., Nashik is hereby directed to make through
inquiry of the Trust and either to take appropriate action or to submit
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the report to this Authority within three months from the receipt of
this order.
3. Parties to bear their own costs.
4. Entry of this order be taken in Schedule-I of the Register of
Public Trust.
5. The copy of this judgment and order be sent to the ld.Dy.C.C.,
Nashik for information and necessary action.
6. Proceeding is closed."
3. It is in pursuance of the aforesaid order passed by the learned Joint
Charity Commissioner, an inquiry is stated to be now pending with the Deputy
Charity Commissioner, Nashik.
4. The contention of the petitioner is that the inquiry has not been taken
forward and hence the same is required to be expedited, considering the
prejudice which is stated to be caused to the functioning of the Trust. We see
from the cause title of this petition that apart from the official respondents who
are respondent Nos. 1 to 4, there are other private respondents against whom
possibly the inquiry is directed as also against whom the petitioners have
grievances that such persons are illegally conducting the Trust.
5. Be that as it may, we would not delve on such rival contentions as may
arise between the petitioner and the private respondents, suffice it to observe
that as already there is a direction of the learned Joint Charity Commissioner in
his order dated 30 January 2023 directing the learned Deputy Charity
Commissioner to make an inquiry of the Trust and either to take appropriate
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action or to submit the report to the learned Joint Charity Commissioner
within three months of the receipt of the said order, which has not progressed
further.
6. We are thus of the opinion that the petition be conveniently disposed of
by directing the Deputy Charity Commissioner to complete the inquiry within
a period of three months from today, and without any further extension
complete the inquiry, as a substantial period of one year has already lapsed
which was overlooking the directions of the learned Joint Charity
Commissioner to complete the inquiry within three months from 30 January
2023 i.e. by April 2023. We are now approaching April 2024.
7. We deem it appropriate to dispose of the petition on this limited issue
and keeping open all contentions of the private respondents which would fall
for consideration of the Deputy Charity Commissioner in the inquiry which he
would undertake. Thus, no prejudice would be caused to the private
respondents in the Court directing the Deputy Charity Commissioner to
expedite the inquiry in compliance of the order dated 30 January 2023 passed
by the learned Joint Charity Commissioner. In any event, it is stated before us
that the order dated 30 January 2023 passed by the Joint Charity
Commissioner has not been assailed by the private respondents.
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8. In the above circumstances, we disposed of this petition by the following
order:
ORDER
(i) The learned Deputy Charity Commissioner, Nashik, shall
complete the inquiry as directed by the Joint Charity Commissioner,
Nashik region Nashik vide order dated 30 January 2023 on Application
No.17/2011 within a period of three months from the date a copy of this
order is placed before him. On completion of the inquiry appropriate
steps as directed under paragraph (2) of the orders passed by the learned
Joint Charity Commissioner, Nashik be adopted by the learned Deputy
Charity Commissioner.
9. All contentions of the parties are expressly kept open.
10. Disposed of in the above terms. No costs.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)
2 February, 2024
Kiran Kawre
