AI Structured Summary
Not yet generated for this judgment
Judgment
( NANDESH S. DESHPANDE, J.)
Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
The present petition challenges order passed below Exhibit 72 by the Deputy Charity Commissioner, Nagpur Region, Nagpur, on 06.10.2025.
I have heard Mr. S.D. Abhyankar, learned counsel for the petitioner, as also Mr. A. P. Thakare, learned counsel appearing for respondent Nos. 1-15, Mr. T.J. Patil, learned counsel for respondent Nos. 16 to 22, and Ms. M.S. Naik, learned AGP for respondent No. 23/State.
Mr. S. D. Abhyankar points me out the earlier litigation between the parties and submits that the Deputy Charity Commissioner has non-suited the present petitioner only on two grounds, i.e., the absence of a specific prayer regarding rejection of the main proceedings and also, according to the Deputy Charity Commissioner, the present petitioner is trying to prolong the matter. It is the submission of Mr. S. D. Abhyankar that the Deputy Charity Commissioner has overlooked the fact that, for a considerable period of time, the proceedings before the said authority were stayed by this Court in a petition filed by the present petitioner. As far as the absence of a prayer for rejection is concerned, it is the submission of Mr. S. D. Abhyankar that the approach is hyper-technical, apart from the fact that there is an averment that the main proceedings be rejected.
Be that as it may, the learned counsels appearing for the respective parties are at ad idem that the main proceedings are fixed for final arguments on merits. It would, therefore, be in the interest of everyone concerned that the following order is passed.
ORDER
The writ petition is allowed.
ii) The impugned order dated 06.10.2025 is quashed and set aside.
iii) The Deputy Charity Commissioner is directed to decide the application at Exh-72 along with the main proceedings on merits till 31.12.2026.
iv) It is, however, made clear that this Court has not commented upon the merits of the matter and, more particularly, the contentions raised by the present petitioner in his application for rejection of the main proceedings.
The Deputy Charity Commissioner is directed to decide the said application along with the main proceedings on its own merits and, more particularly, after considering the judgment of this Court in Writ Petition No. 2833 of 2020 and the other judgments filed by the parties in support of their contentions.
Keeping all the contentions on merits open, the petition is allowed and disposed of. Rule is made absolute in the aforesaid terms.