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2026 DAILYLAW 1390 (BOM)

VINOD SHANKAR BHIVGADE v. TIKARAM BISEN CHICMALKAR AND OTHERS

WP/4902/2026 · 2026-06-25

Shri Rohit Wasudeo Joshi

body2026

Judgment text

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30. WP 4902 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4902/2026 Shri Vinod Shankar Bhivgade ...Versus… Shri Tikaram Bisen Chicmalkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. D.B. Abhyankar, Advocate for petitioner Mrs. D.V. Sapkal, AGP for respondent Nos.17 and 18 CORAM : ROHIT W. JOSHI, J. DATE : 25/06/2026 1. The present petition takes exception to the order dated 20/01/2026, passed by the learned Joint Commissioner, Nagpur on application at Exh.3 in Appeal No.01/2026 and the subsequent order dated 11/05/2026, passed below Exh.16. 2. The petition is being disposed of finally without issuing notice to the private respondents, since the order proposed to be passed by this Court will not adversely affect any of the parties. 3. The petitioner has filed an application for claiming Scheme under Section 50 A of the Maharashtra Public Trusts Act, 1950, which was allowed by the learned Assistant Charity Commissioner vide judgment and order dated 07/11/2025 in Scheme Application Inquiry No.20/2018. The said order was assailed by the private respondents by filing aforesaid Appeal No.01/2026 before the learned Joint Charity Commissioner, Nagpur. 2026:BHC-NAG:8114 30. WP 4902 of 2026.odt 2 4. The petitioner has filed a caveat in the proposed appeal, however, on 20/01/2026, the learned Joint Charity Commissioner passed ex parte ad interim order of stay to the effect, operation and execution of the order, passed by the Assistant Charity Commissioner, without notice to the petitioner. The petitioner moved an application for vacating the ex parte stay order vide Exh.16, which came to be rejected vide order dated 11/05/2026 by the Joint Charity Commissioner-II Nagpur. These two orders are subject matter of challenge in the present petition. 5. Having regard to the fact that stay to the order of the Assistant Charity Commissioner is operating since 20/01/2026, in the considered opinion of this Court, rather than entertaining the petition on merits, it will be appropriate to dispose of the same, directing the learned Joint Charity Commissioner to decide the stay application expeditiously and in any case before 31/07/2026. 6. Writ Petition is disposed of accordingly. No order as to costs. (ROHIT W. JOSHI, J.) Wadkar