Dismissed

Baliram Raghunath Kotwar and 2 Others v. Shiv Shakti Sanstha, Thr. Its President Bharatsingh Thukelsingh Dhudhnag and Others

Bombay HC4 Mar 2013LPA/60/2012

Case brief

AI extract

What is this about?

The Division Bench held that an order under Section 41-A of the Bombay Public Trust Act is administrative and amenable only to the Division Bench. The appeal against the Single Judge's order dismissing the writ petition is accordingly dismissed, and the writ petition is restored for hearing by a Division Bench.

What did the court decide?

Impugned Single Judge's order set aside; Writ Petition restored to Division Bench; Interim order continued.

Baliram Raghunath Kotwar and 2 Others Vs Shiv… — Public Procurement and Tenders | Bombay HC (2013)

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

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LETTERS PATENT APPEAL NO.60/2012 in W.P.2865/2010(D)

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Baliram Raghunath Kotwar and others

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...Versus...

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Shiva Shakti Sanstha, Deori, through its President and others

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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. G.G. Bade, Adv. for appellants.
Mr. R.L. Khapre, Adv. for respondents 1 to 7.
Mr. T.A. Mirza, APP for State/respondent no.12.

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CORAM : A.P. LAVANDE AND

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A.B. CHAUDHARI, JJ.
DATE : 4.03.2013

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Heard the learned counsel for rival parties.

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It is not in dispute that in the matter of

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proceedings under Section 41-A of the Bombay Public

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Trust Act, the decision impugned in the present

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letters patent appeal has been rendered by the

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learned Single Judge of this Court. In case of

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Vanmala Manoharrao Kamdi and others V/s. Deputy

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Charity Commissioner, Nagpur and others reported in
2012 (3) Mh.L.J. 594 this Court has held that an
order under 41-A is an administrative order and
amenable to the jurisdiction only to the Division
Bench. That being so, with the consent of learned
counsel for rival parties, we set aside the impugned
judgment and order dated 5/10/2010 passed in Writ
Petition No.2865/2010 by the learned Single Judge
and restore the said writ petition for being heard
by the appropriate Division Bench dealing with the
writ petitions. Interim order dated 12th July, 2010
to continue till the appropriate orders are passed
by the Division Bench.

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Letters Patent Appeal No.60/2012 is
disposed of.

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JUDGEJUDGE

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Tambaskar.

Baliram Raghunath Kotwar and 2 Others v. Shiv Shakti Sanstha, Thr. Its President Bharatsingh Thukelsingh Dhudhnag and Others

Case brief

What is this about?

What did the court decide?

Baliram Raghunath Kotwar and 2 Others v. Shiv Shakti Sanstha, Thr. Its President Bharatsingh Thukelsingh Dhudhnag and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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