Disposed
Kalidas Ankush Shinde and Ors. v. Asst. Charity Commissioner, Sangli and Ors.
Bombay HCWP/8688/2017
Case brief
from the order text
What is this about?
Sonali IN THE HIGH COURT OF JUDICATURE AT…
What the court decided
AI extract
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.
20-wp-8688-2017.doc
Sonali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8688 OF 2017
Kalidas Ankush Shinde & Ors....Petitioners
Versus
Assistant Charity Commissioner, Sangli & Ors. ...Respondents
Mr. Pralhad Paranjape a/w. Mr. Manish Kelkar, for the Petitioners.
Mr. S. D. Rayrikar, AGP, for the State/Respondent Nos. 1 to 4.
CORAM : MADHAV J. JAMDAR, J.
DATED : 15th SEPTEMBER 2023
P.C.:
1. Heard Mr. Paranjape, learned counsel appearing for the Petitioners and Mr. Rayrikar, learned AGP appearing for Respondent Nos.1 to 4.
2.At the outset, Mr. Rayrikar, learned AGP raised the preliminary
objection that the Writ Petition itself is not maintainable, as there is
alternate remedy of filing appeal.
3.By the present Writ Petition, the Petitioners are inter alia
seeking following reliefs:-
a)“This Hon’ble Court by exercising powers under
Article 227 of the Constitution of India be pleased to
quash and set aside the Judgment and Order dated
1/3
20-wp-8688-2017.doc
Sonali
21.06.2017 passed by Joint Charity Commissioner
Kolhapur in suo-moto application No.6/2016 qua para 1,
to the extent of appointing government servants as board
of trustees in para 2 and para 3 entirely;
b)This Hon’ble Court by exercising powers under
Article 227 of the Constitution of India after granting
prayer clause (a) be pleased to quash and set aside the
Judgment and Order dated 12.07.2016 passed by Asst.
Charity Commissioner in change report Nos.1310/16,
1311/16 and further be pleased to allow the change
report Nos.1310/16, 1311/16 with further direction to
enter the name of the Applicants in the said change
report and trustees of Shri Nath Devasthan Dighanchi,
Tal:Aatpadi, Dis:Sangli.”
4.As there is alternate remedy to challenge the order passed by
the Joint Charity Commissioner as well as impugned order passed by
the Assistant Charity Commissioner, the Writ Petition is allowed to be
withdrawn with liberty to take out appropriate proceedings.
5.Mr. Paranjape, learned counsel appearing for the Petitioners
states that appeal challenging the impugned order dated 21st June
2017 is already filed. The Petitioners are granted liberty to challenge
the impugned order dated 12th July 2016 by filing appropriate
proceedings.
6. It is clarified that this Court has not examined the merits of the
case and all contentions of all the parties on merits are expressly kept
open.
2/3
20-wp-8688-2017.doc
Sonali
7. The Writ Petition is disposed of in above terms with no order as
to costs.
[MADHAV J. JAMDAR, J.]
3/3
Kalidas Ankush Shinde & Ors.
Assistant Charity Commissioner, Sangli
Ors.
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court