Petitioners sought mandamus directing the Assistant Charity Commissioner to expedite a Change Report filed in 2011. The Court declined to intervene, stating it is the Commissioner's domain to determine priority amidst pendency.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
wp.8095-2014
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8095 OF 2014
Muslim Education Committee & Ors. Vs.
The Assistant Charity Commissioner, Sangli & Ors.
..Petitioners
..Respondents.
Mr. Ashutosh M. Kulkarni for the Petitioners. Mr. S.N. Patil, AGP for Respondents.
CORAM: A.S. OKA &
A.S. GADKARI, JJ. DATE : 11th November 2014.
P.C.
Heard learned Counsel appearing for the Petitioners.
2 Only relief prayed for is of issuing a writ of mandamus is for
directing the Assistant Charity Commissioner, Sangli to decide the pending Change Report of the year 2011 within the time fixed by this Court.
3 A judicial notice will have to be taken of the fact that there is a
large pendency of the matters practically in every office of the Assistant
Charity Commissioner in the State. It is for the Assistant Charity Commissioner to decide which matter deserves to be given priority considering the nature and the extent of pendency before him. Therefore, the remedy of the Petitioners is to apply before the Assistant Charity
2
wp.8095-2014
Commissioner with a prayer to give priority to the hearing of the Change
Report on the grounds set out in this petition. We, accordingly, decline to entertain this petition and the same is disposed of. However, it will be open for the Petitioners to make an appropriate application before the Assistant
Charity Commissioner as stated above.
(A.S. GADKARI, J.) (A.S. OKA, J.)
1 issue framed by the court
Whether this Court can issue a mandamus directing the Assistant Charity Commissioner to decide a pending matter within a fixed time.
Muslim Education Committee & Ors.
The Assistant Charity Commissioner, Sangli & Ors.
A.S. Oka
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
