The Bombay High Court dismissed a writ petition challenging a change report under the Bombay Public Trust Act. The Court held the petition premature as no final order was yet passed by the Charity Commissioner and disposed of the matter while reserving the right to approach again if an adverse order is passed.
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WP. 12454-16
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION No. 12454 OF 2016
Mr. Affan Javed Farid … Petitioner Vs.
Assistant Charity Commissioner, Thane Region, Thane & Anr. … Respondents
Mr. Uday Warunjikar a/w Siddesh Pilankar, for the Petitioner. Mr. Vishal Thadani, AGP for Respondent No. 1.
CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ. DATE : NOVEMBER 21, 2016
PC.
. The petition has been filed prematurely because though final order under Section 22 of the Bombay Public Trust Act, has not been passed by the Assistant Charity Commissioner, Petitioner is seeking an appropriate writ, order and direction for quashing the change report. Since no order has yet been passed by the Assistant Charity Commissioner, petition, in our view, is not maintainable. Reserving the right of the Petitioner to approach this Court if any adverse order is passed by the Charity Commissioner, writ petition is disposed of.
[Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.]
Vinayak Halemath
1 / 1
1 issue framed by the court
Whether a writ petition is maintainable to quash a change report before the final order under Section 22 of the Bombay Public Trust Act is passed.
VPH
Assistant Charity Commissioner
V. M. Kanade
Nutan D. Sardessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
