Dismissed¶14

Ganesh Shrikisan Khandelwal v. Sudhir Daulatram Paliwal and Others

Bombay HC10 Mar 2025WP/5780/2024

Case brief

AI extract

What is this about?

Assistant Charity Commissioner — change reports — rival groups — Exhibit 151 application for joint decision of change reports rejected after 7 dates of arguments, matter at fag end — Writ Petition No.3821/2016 directions limited to expedition, not simultaneous disposal — no infirmity, no interference warranted — writ petition dismissed; Assistant Charity Commissioner asked to expedite remaining change reports.

What did the court decide?

The directions issued in Writ Petition No.3821/2016 were only to expedite the proceedings of the referred change reports; there was no direction that all the change reports be decided simultaneously. ¶12

Ganesh Shrikisan Khandelwal Vs Sudhir Daulatram Paliwal and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶14

Issue for consideration

Was the Assistant Charity Commissioner-1, Nagpur justified in rejecting, by the order below Exhibit 151, the application praying to decide the change reports filed by the rival groups together, in view of the directions issued in Writ Petition No.3821/2016? +1 more

¶12

Court's answer

There is no infirmity in the Assistant Charity Commissioner's rejection of the Exhibit 151 application, which was moved after 7 dates for arguments when the matter stood at the fag end and was fixed for arguments.

¶14

Ratio / Principle

The directions issued in Writ Petition No.3821/2016 were only to expedite the proceedings of the referred change reports; there was no direction that all the change reports be decided simultaneously.

¶12

Key takeaways

The Assistant Charity Commissioner had taken up the change reports filed earlier in point of time; in view thereof there was no reason to interfere in the order passed by him.ratio¶14
The learned Assistant Charity Commissioner was also asked to expedite the other change reports and decide the same as early as possible.obiter¶15

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Smt. M.S. Jawalkar, J.), dismissed Writ Petition No.5780/2024 challenging the order passed below Exhibit 151 by the Assistant Charity Commissioner-1, Nagpur, rejecting an application to decide the change reports filed by rival groups together. Held: the Court's earlier directions in Writ Petition No.3821/2016 required only expedition of the pending change-report proceedings and contained no direction that all change reports be decided simultaneously; the Exhibit 151 application was moved after 7 dates for arguments, with the matter at the fag end and fixed for arguments; and the Assistant Charity Commissioner had rightly taken up the change reports filed earlier in point of time — hence no infarity in the rejection and no ground for interference. The Court additionally asked the learned Assistant Charity Commissioner to expedite the other change reports and decide them as early as possible.

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1 28 wp 5780-2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.5780/2024

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Dr. Ganesh Shrikisan Khandelwal

¶5

Vs.

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Sudhir Daulatram Paliwal and others

¶7

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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¶9

Shri P.A. Gode, Advocate for petitioners Shri S.D. Abhyankar, Advocate for respondent No.1 Shri Vijaykumar Paliwal, Advocate for respondent No.2 Shri B.M. Lonare, AGP for respondent No.3

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CORAM : SMT. M.S. JAWALKAR, J. DATED : 10/03/2025

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Heard learned Counsel for petitioner and learned Counsel for respondents.

¶12

The present petition is filed challenging the order passed below Exhibit 151 by the Assistant Charity Commissioner-1, Nagpur. By this application Exhibit 151, the applicant prayed to decide the change reports filed by the rival groups together, in view of the directions issued by this Court in Writ Petition No.3821/2016. On the first place, on perusal of order passed by this Court in Writ Petition No.3821/2016, directions were given to learned Assistant Charity Commissioner to expedite the proceedings of the above referred change reports. However, there is no such directions that all the change reports be decided simultaneously.

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2 28 wp 5780-2024

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The learned Assistant Charity Commissioner has duly observed that the application is moved after 7 dates for arguments. The matter is at the fag end and fixed for arguments. As such, I do not see any infirmity in rejecting the application. Otherwise also, learned Assistant Charity Commissioner has taken up the change reports filed earlier in point of time. In view thereof, I do not see any reason to interfere in the order passed by the Charity Commissioner. As such, the Writ Petition is dismissed.

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Learned Assistant Charity Commissioner also consider to expedite other change reports and decide the same as early as possible.

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JUDGE

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R.S. Sahare

Ganesh Shrikisan Khandelwal v. Sudhir Daulatram Paliwal and Others

Case brief

What is this about?

What did the court decide?

Ganesh Shrikisan Khandelwal v. Sudhir Daulatram Paliwal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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