Writ petition withdrawn by petitioners to pursue appeal before Joint Charity Commissioner, with liberty to claim limitation exclusion for writ period.
Writ petition dismissed as withdrawn; liberty granted to move application under Section 14 Limitation Act; pending civil application disposed of.
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.
2024:BHC-AUG:3981
1
7045.22WP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
975 WRIT PETITION NO. 7045 OF 2022
MUKUND SHIVGIR GIRI AND ANOTHER
VERSUS
ACCHUT SITARAM PATHARKAR AND OTHERS
Advocate for the petitioners : Adv.S.A.Wakure Advocate for Respondent nos. 1 to 7 : Adv.A.D.Khot h/f. Adv.Sartaj Pathan
CORAM : ARUN R. PEDNEKER, J. DATE : 16.02.2024
P.C. :
1] The learned counsel for the respondents submits that appeal is maintainable against the impugned order dated 05.04.2022 passed by the Joint Charity Commissioner, Aurangabad in Appeal No.7/2021 before the High Court, so also, the appeal is maintainable before the Joint Charity Commissioner to challenge the impugned order dated 01.02.2020 passed by the Assistant Charity Commissioner.
2] In view of the objections raised by the learned counsel for the respondents that there is alternate remedy available to the petitioners, the learned counsel for the petitioners seeks leave to withdraw the present writ petition and file appeal, challenging the order dated 01.02.2020 passed by the Assistant Charity Commissioner, Parbhani in
2
7045.22WP
Enquiry No. 691 of 2011 before the appropriate authority i.e. Joint Charity Commissioner, so also, to file appeal against the impugned order dated 05.04.2022 passed by the Joint Charity Commissioner.
3] In view of the same, the present Writ Petition is dismissed as withdrawn with aforesaid liberty.
4] The petitioners pray that the time spent in prosecuting the present Writ Petition be excluded in computing the period of limitation in filing the appeal challenging the aforesaid orders. If appeals are filed, the petitioners may file an appropriate application under Section 14 of the Limitation Act for excluding the period of limitation in prosecuting the present Writ Petitions. Liberty is granted to move an appropriate application.
5] In view of withdrawal of the present Writ Petition, pending Civil Application, if any, does not survive and the same stands disposed of.
[ARUN R. PEDNEKER] JUDGE
DDC
MUKUND SHIVGIR GIRI AND ANOTHER
ACCHUT SITARAM PATHARKAR AND OTHERS
ARUN R. PEDNEKER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
