Petition for writ of mandamus to direct Assistant Charity Commissioner to prioritize a Change Report dismissed; Court declined to entertain petition as relief lies in making priority application before the Commissioner.
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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
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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.)
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
