Allowed

Navjivan Gramvikas Tarun Mandal v. Pandit Baburao Achlere and Ors.

Bombay HC18 Oct 2023WP/8499/2009

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution, the High Court of Judicature at Bombay, on the parties' consent and due to the existing stay order, allowed the petition by setting aside the clauses appointing a fit person and directing handover of charge in the Charity Commissioner's order and disposed of the connected civil application with no order as to costs.

What did the court decide?

The clauses appointing a fit person and directing handover of charge in the order dated 26 August 2009 were set aside; the Writ Petition and Civil Application were disposed of.

Navjivan Gramvikas Tarun Mandal Vs Pandit Baburao Achlere… — Property and Title | Bombay HC (2023)

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104-wp-8499-2009.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.8499 OF 2009

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Navjivan Gramvikas Tarun Mandal...Petitioner
 Versus
Pandit Baburao Achlere & Ors. ...Respondents

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WITH

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CIVIL APPLICATION NO.1738 OF 2010 IN

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WRIT PETITION NO.8499 OF 2009

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Hanumant Annappa Patil...Petitioner
 Versus
Pandit Baburao Achlere & Ors. ...Respondents

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Mr. I. M. Khairdi, for the Petitioner.

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Mr. Surel Shah i/b. Mr. Yogesh G. Thorat, for Respondent No.1.

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Mr. R. S. Alange, for Respondent Nos.2, 3, 4, 6, 8, 9 and 11.

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Mr. S. D. Rayrikar, AGP, for the State/Respondent Nos.12 to 14.

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CORAM : MADHAV J. JAMDAR, J. DATED : 18^th OCTOBER 2023

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P.C. :

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1.By the present Writ Petition filed under Articles 226 and 227 of

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the Constitution of India, the Petitioner is challenging the legality and

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validity of order dated 26th August 2009 passed by the learned Joint

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104-wp-8499-2009.doc

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Charity Commissioner, Latur Region, Latur below Exhibit-1 in
Application No.21 of 2008 to the extent of clause Nos.3 and 4 of the
said order. The said clause Nos.3 and 4 read as under:-

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“3. Shri. Jagdish G. Pardeshi, Advocate R/o: Solapur is

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appointed as fit person to look after the management of
the trust ‘Navjeevan Gramvikas Tarun Mandal,
Shingadgaon’ trust registration No. F-1019 (Solapur) till
final decision of this proceeding. The fit person is entitle
to remuneration of Rs.3000/- per month from the
account of the trust.

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4. The opponents are directed to handover charge of the
trust to Shri. Jagdish S. Pardeshi, Advocate within 1
Month from the date of this order.”

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2. By order dated 6^th July 2010 passed in Writ Petition, ad-interim relief in terms of prayer clause (d) has been granted. The said prayer clause (d) reads as under:-

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“(d) Pending the hearing and final disposal of the
present petition, this Hon’ble Court be pleased to stay
the execution, implementation and carrying into effect of
that part of judgment and order dated 26.8.2009
whereby Shri. Jadish S. Pardeshi is appointed as fit

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104-wp-8499-2009.doc

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person and direction was issued to hand over charge to
the said fit person, passed by the Ld. Joint C.C., Latur in
suo-moto Application No.21 of 2008, may kindly be
ordered to be stayed;”

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3. Thus, a learned Single Judge by order dated 6^th July 2010 stayed the implementation of clause Nos.3 and 4 of the impugned order dated 26^th August 2009.

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4.Mr. Surel Shah and Mr. Alange, learned counsel appearing for
the contesting Respondents state that, by passage of time and in view
of order passed by a learned Single Judge by which, implementation
of clause Nos.3 and 4 has been stayed, the Writ Petition can be
disposed of by consent and the said clause Nos.3 and 4 be set aside.

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5.Accordingly, the Writ Petition is allowed by setting aside clause
Nos.3 and 4 of order dated 26th August 2009 passed by the learned
Joint Charity Commissioner, Latur Region, Latur below Exhibit-1 in
Application No.21 of 2008.

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6.Mr. Surel Shah, learned counsel appearing for Respondent No.1
states that there are several Change Reports which are filed and they
are pending before the learned Assistant Charity Commissioner,
Solapur. The learned Assistant Charity Commissioner is requested to

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104-wp-8499-2009.doc

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dispose of said Change Reports expeditiously.

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7. The Writ Petition is disposed of in above terms with no order as

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to costs.

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8. In view of the disposal of the Writ Petition, nothing survives in the Civil Application and the same is also disposed of.

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[MADHAV J. JAMDAR, J.]

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Navjivan Gramvikas Tarun Mandal v. Pandit Baburao Achlere and Ors.

Case brief

What is this about?

What did the court decide?

Navjivan Gramvikas Tarun Mandal v. Pandit Baburao Achlere and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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