The High Court disposed of the writ petition, holding it not maintainable. The court found an alternative efficacious remedy exists before the Charity Commissioner and directed the petitioner to approach that forum.
Writ petition dismissed; liberty to file application before Charity Commissioner.
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.
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WP/12204/2016
BDPPS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12204 OF 2016
Sou Alka Anil Desai
….Petitioner.
v/s
South Ratnagiri District Shikshan Prasarak Mandal & Others ….. Respondents.
Mr. Siddharth Wakankar for the Petitioner.
Mr. Uday Warunjikar a/w Siddesh Pilankar for the Respondent Nos. 1 to 3.
CORAM: V. M. KANADE & MS. NUTAN D. SARDESSAI, JJ. DATE: 28th November, 2016
P.C.:-
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WP/12204/2016
reliefs. In our view, prima facie, such reliefs cannot be granted by this Court while exercising writ jurisdiction under Article 226 of the Constitution of India more particularly when the Petitioner has an alternative efficacious remedy of approaching the Charity Commissioner by filing an appropriate application seeking similar reliefs as are claimed by him in the present Petition.
(MS. NUTAN D. SARDESSAI, J. ) (V.M. KANADE, J.)
1 issue framed by the court
Whether this Court can entertain a writ petition for a relief obtainable via an alternative efficacious remedy before the Charity Commissioner?
Sou Alka Anil Desai
South Ratnagiri District Shikshan Prasarak Mandal
V. M. Kanade
Nutan D. Sardless
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
