Dismissed

Shri. Vasantrao Gopalrao Patil v. Assistant Charity Commissioner, Solapur Region, Solapur and Anr.

Bombay HC4 Apr 2014WP/3499/2014

Case brief

AI extract

What is this about?

The single judge declined to entertain a writ petition seeking directions to the Assistant Charity Commissioner to decide pending Change Reports and applications under section 41-D of the Bombay Public Trusts Act due to inherent pendency. The court ruled that parties should seek priority by applying directly to the Authority.

What did the court decide?

Petition declined to be entertained; liberty granted to file an application before the Assistant Charity Commissioner for expeditious hearing.

Shri. Vasantrao Gopalrao Patil Vs Assistant… — Pension and Retirement Benefits | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.3499 OF 2014

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Shri Vasantrao Gopalrao Patil … petitioner. vs. Assistant Charity Commissioner, Latur Region, Latur & Anr. … respondents.

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Mr. S.S. Patwardhan i/b Mr. Ashok B. Tajane for the petitioner.

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CORAM: A.S. OKA & A.A. SAYED, JJ. DATED : APRIL 4, 2014.

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P.C. :

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1 Not on board. Taken on board.

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2 Learned Counsel appearing for the Petitioner seeks relief of directing first Respondent Assistant Charity Commissioner, Solapur Region, Solapur to decide the pending Change Reports which are mentioned in prayer clause (b) as well as to decide the pending Application under section 41D of the Bombay Public Trusts Act, 1950.

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3 It cannot be disputed that almost in all offices of the Assistant

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Charity Commissioners and Deputy Charity Commissioners in the State, there is a huge pendency.

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4 A Writ Court exercising the jurisdiction under Article 226 of the Constitution of India should be normally very slow in issuing directions to the Courts and to the quasi judicial authorities under superintendence of this Court to decide the pending cases in a time bound schedule.

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5 In all probability there may be older cases pending before the Assistant Charity Commissioner.

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6 Parties are always free to apply to the Assistant Charity Commissioner with a prayer for giving priority to the hearing of the pending matters.

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7 Considering the fact that one of the change reports is of the year 2004, if the Petitioner makes an Application before the Assistant Charity Commissioner for expeditious hearing, the Assistant Charity Commissioner

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is bound to consider the prayer for giving necessary priority after taking into consideration pendency of other cases before him.

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8 Therefore we decline to entertain this Petition. However we grant liberty to the Petitioner to make appropriate Application before the Assistant Charity Commissioner. If such Application is made, the same shall be decided in the light of observations made in this order.

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9 Petition is disposed of accordingly.

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katkam.

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Shri. Vasantrao Gopalrao Patil v. Assistant Charity Commissioner, Solapur Region, Solapur and Anr.

Case brief

What is this about?

What did the court decide?

Shri. Vasantrao Gopalrao Patil v. Assistant Charity Commissioner, Solapur Region, Solapur and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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