Partly allowed

June Gavthan Maruti Devasthan , Pimplas, (Proposed Trust) and Ors. v. the Asstt. Charity Commissioner, Nashik Region and Ors.

Bombay HC20 Jul 2022WP/5519/2019

Case brief

AI extract

What is this about?

This judgment quashed an order failing to club three registration inquiry applications under the Bombay Public Trusts Act. The court directed the Charity Commissioner to hear the inquiries together and dispose of them within six months to address delays dating back to 2010.

What did the court decide?

Quashed impugned order; directed clubbing of Inquiry Applications No. 416 of 2010, 586 of 2013, and 587 of 2013 for disposal within six months.

June Gavthan Maruti Devasthan , Pimplas, (Proposed Trust)… — Property and Title | Bombay HC (2022)

Dusane

18-wp-5519-2019.doc

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5519 OF 2019

¶5

June Gavthan Maroti Devasthan, Pimpalas & Ors.

¶6

…Petitioners

¶7

V/s.

¶8

The Assistant Charity Commissioner, …Respondent Nashik Region, Nashik

¶9

BHALCHANDRA GOPAL DUSANE

¶10

Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2022.07.22 10:09:04 +0530

¶11

Mr. Anilkumar K. Patil for the Petitioners. Mr. Harshad Palwe for Respondent Nos. 2 to 9 Mr. C.D. Mali, AGP for Respondent Nos. 1 and 13 - State.

¶12

CORAM : MADHAV J. JAMDAR, J. DATED : 20^th July, 2022

¶13

P.C. :

¶14

Heard Mr. Patil, learned counsel appearing for the Petitioners, Mr. Palwe, learned counsel appearing for Respondent Nos. 2 to 9 and learned AGP for Respondent Nos.1 and 13.

¶15

At the outset, Mr. Patil seeks leave to delete Respondent Nos. 10, 11 and 12. Leave as prayed is granted. Amendment to be carried out forthwith.

¶16

Respondent Nos. 2 to 12 filed Inquiry Application No. 416 of 2010 under Section 18 of the Bombay Public Trusts Act, 1950 for registration of Shri Maroti Devasthan Trust, At Post Gondegaon, Taluka Niphad, District Nashik. The Petitioners have also preferred

¶17

Dusane

¶18

18-wp-5519-2019.doc 2/3

¶19

Inquiry Application No. 586 of 2013 for registration of June Gavthan Maroti Devasthan, Post Pimpalas, At Gondegaon, Taluka Niphad, District Nashik and Inquiry Application No. 587 of 2013 for registration of Navin Gavthan Maroti Mandir Devasthan, At Gondegaon, Post Bhausaheb Nagar, District Nashik.

¶20

Both the learned Counsel appearing for the Petitioners and Respondent Nos. 2 to 9 respectively agree that some of the properties mentioned in these applications are common and some of the issues are also common. In view of this, common questions are required to be determined by the Assistant Charity Commissioner, Nashik Region, Nashik in all these three applications. Both the learned counsel submit that therefore in the interest of justice, all these inquiry applications be clubbed and heard together. Both of them submit that since the applications are pending since 2010 and 2013, all these inquiry applications be directed to be disposed of in time bound manner.

¶21

In view of these submissions, the impugned order dated 13^th February 2019 passed by the Assistant Charity Commissioner, Nashik Region, Nashik below Exhibit 99 in Inquiry Application No. 416 of 2010 is quashed and set aside. The prayer clause (a) of Exhibit 99 application in Inquiry Application No.416 of 2010 is allowed. It is directed that Inquiry Application No. 416 of 2010, Inquiry Application No. 586 of 2013 and 587 of 2013 be heard together.

¶22

Dusane

¶23

18-wp-5519-2019.doc 3/3

¶24

The learned Assistant Charity Commissioner, Nashik Region, Nashik is requested to dispose of all these applications within a period of six months from receipt of this order. It is directed that both the parties should co-operate the Assistant Charity Commissioner, Nashik Region, Nashik for expeditious disposal of these Inquiry Applications.

¶25

Writ Petition is disposed of in above terms with no order as to costs.

¶26

(MADHAV J. JAMDAR, J.)

June Gavthan Maruti Devasthan , Pimplas, (Proposed Trust) and Ors. v. the Asstt. Charity Commissioner, Nashik Region and Ors.

Case brief

What is this about?

What did the court decide?

June Gavthan Maruti Devasthan , Pimplas, (Proposed Trust) and Ors. v. the Asstt. Charity Commissioner, Nashik Region and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vanita Yashwant Kangutkar and Ors. Vs Subhash Pandurang Nakhawa

Bindiya Harkisan Malkani and Ors. Vs State of Maharashtra and Ors.

Shri Markandeya Mandir Trust through Chairman/Authorized Representative Sudhakar R. Pathak Vs Ramesh Dhondiram Jople and Anr.

Mangala Pandit Chavan Vs Rajan Gajanan Chavan and Ors.

Shri. Pradip Modi and Ors. Vs Deputy Registrar Co-Operative Housing Society and Ors.

Shri. Pradip Modi and Ors. Vs Deputy Registrar Co-Operative Housing Society and Ors.