Petition under Section 73A of the Maharashtra Public Trusts Act faced a maintainability objection based on a prior judgment holding such orders revisable under Section 70A. Petitioner withdrew the petition with liberty to seek revision; petition dismissed as withdrawn.
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.
909-wp-3257-2024.doc
VASANT ANANDRAO IDHOL
Digitally signed by VASANT ANANDRAO IDHOL Date: 2024.06.27 19:11:27 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3257 OF 2024
Mahiboob Mustafa Khistake ...Petitioner Versus Juber A Abdul Gani Hippargi & Ors ...Respondents
Mr.Padmanabh D. Pise with Adv.Sejal A. Haryan i/b P .Padmanabh & Associates for the Petitioner.
Mr.Ashutosh M. Kulkarni i/b Mr.Akshay Kulkarni for Respondent No.2.
Ms.A.A. Nadkarni, A.G.P. for the Respondent – State.
CORAM : AVINASH G. GHAROTE, J. DATE : 27th JUNE 2024
P.C.:
the respondent no.1 regarding the maintainability of the petition, in view of the judgment of this Court in Dr.Bapu Irappa Khadakbhavi & Ors. vs. The State of Maharashtra &
Ors. in Writ Petition No.7728 of 2022 decided on 5.8.2022
which holds an order rejecting an application under Section 73A of the Maharashtra Public Trusts Act, 1950 (MPT Act) is
1 of 2
VAI
909-wp-3257-2024.doc
revisable under Section 70A, learned counsel for the petitioner seeks to withdraw the petition, with liberty to avail the remedy of revision. Statement is accepted. The petition is dismissed as withdrawn, with liberty as prayed for.
(AVINASH G. GHAROTE, J.)
2 of 2
VAI
1 issue framed by the court
Whether the petition is maintainable in view of the holding that rejection of an application under Section 73A MPT Act is revisable under Section 70A.
Colour shows how this judgement treated each authority
Dr.Bapu Irappa Khadakbhavi & Ors. vs. The State of Maharashtra & Ors.Relied on¶1
Writ Petition No.7728 of 2022 decided on 5.8.2022
2 provisions across 1 enactments
Mahiboob Mustafa Khistake
Juber A Abdul Gani Hippargi
Respondent No.2
Avinash G. Gharote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
