Abu Saleh Ansari v. Hussein Usman Merchant and Ors.
Case brief
What is this about?
The High Court addressed a petition contesting the Charity Commissioner's allocation of Change Reports to a Joint Charity Commissioner. Avoiding a definitive ruling on the allocation's validity due to subsequent officer transfers, the Court directed the Commissioner to assign pending Change Report Applications to a suitable Deputy Charity Commissioner for expeditious disposal.
What did the court decide?
The Charity Commissioner was directed to assign the Change Report Applications concerning the Yatim Khan Trust to a suitable Deputy Charity Commissioner to be disposed of within one year.
What the court decided
918 wp 2385-17-c
Prs 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPEALLATE JURISDICTION
WRIT PETITION NO.2385 OF 2017
Abu Saleh Ansari The trustee of Yateemkhana & Madrasa Anjuman Khairul Islam (Trust) situated at 1st floor, Baitul Aman C.H.S.Ltd, Maulana Azad Road, Nagpada Junction, Mumbai 400 008. … Petitioner V/s. 1. Hussein Usman Merchant Age : 75 years, R/a “Dreamland”, Flat No. 403, Opp. Ruby Hospital, Off S.V.Road, Jogeshwari (W), Mumbai 400 102. 2.The Charity Commissioner, Maharashtra State, Mumbai, Presided over by Mr. S.B.Savale, 3rd floor, 83, Dr. A.B.Road, Worli, Mumbai 400 008. … Respondents ---
Mr.Sagheer A. Khan with Mohammad Soheb i/by M/s Judicare Law Associates, Advocate for the Petitioner. Mr.Hussein U.Merchant, Respondent No.1 in person present. Mr. M.M.Gohar, Advocate for the Caveator.
CORAM : V.M.KANADE AND
P.R.BORA, JJ.
ORDER RESERVED ON : 24th FEBRUARY, 2017. ORDER PRONOUNCED ON : 7th MARCH, 2017.
Issues for consideration
3 issues framed by the court
Whether the Charity Commissioner erred in assigning Change Report Applications under Section 22 of the Maharashtra Public Trust Act to a Joint Charity Commissioner instead of a Deputy Charity Commissi
Whether such assignment deprives the parties of the right to appeal under Section 70 of the Act.
Whether a direction for expeditious disposal by a suitable Deputy Charity Commissioner is appropriate given the changing circumstances of the adjudicating officer.
Parties & counsel
- petitioner
Abu Saleh Ansari
- respondent
Hussein Usman Merchant
- respondent
The Charity Commissioner, Maharashtra State
Coram
Case details
As recorded by the court registry
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