1 59-WP-5258-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.5258 OF 2026 SARANG KAMLAKARRAO KHANANG AND ANR. VS AMOL MADHUKAR KHANANG AND OTHERS. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mahesh Dhandekar, Advocate for petitioners. Shri S. D. Abhyankar, Advocate for respondent Nos.1 to 5. Shri C. A. Lokhande, AGP for respondent No.6. CORAM : NANDESH S. DESHPANDE, J. DATED : 8th September, 2026 P. C. Rule. Rule made returnable forthwith with the consent of counsel for the parties. 2. The present petition challenges order dated 24/06/2026 passed below Exhibit-40 in Application No.207/2019 by the Joint Charity Commissioner, Nagpur. By the said application, the request of non-applicant for seeking adjournment on the ground that he has gone to the Court of Joint Charity Commissioner, Amravati is rejected. 3. Shri Dhandekar, learned counsel strenuously submits that earlier his request for permission to cross-examine the witness was allowed on 21/04/2026 by imposing costs of Rs.100/-. He submits that thereafter the witness remained absent twice and only when short accommodation was sought by the petitioner from the Authority, that has been rejected. Therefore he submits that the approach is hyper technical one and hence the petition is liable to be allowed by quashing and setting aside the impugned order. 2026:BHC-NAG:12133 2 59-WP-5258-26.odt 4. Per contra, Shri Abhyankar, learned counsel appearing for the respondents counters the submission. He submits that the Authority was well within right to reject the application. He points me out paragraphs 4 and 5 of the impugned order to support his contention. 5. On perusal of record, it seems that the Authority i.e the Joint Charity Commissioner, Nagpur has proceeded on very hyper technical manner without looking at the previous orders of the Court. 6. In that view of the matter, the impugned order dated 24/06/2026 passed by the Joint charity Commissioner-II, Nagpur below Exhibit-40 in Application No.207/2019 is quashed and set aside. 7. The writ petition is allowed subject to payment of costs of Rs.1000/- to be deposited in ‘Public Welfare Account’ bearing No.129712010001014, IFSC Code UBIN0812978, Union Bank of India, Branch High Court, Civil Lines, Nagpur. 8. Payment of costs will be condition precedent and only after filing receipt of deposit before this Court, the petitioners would be entitled to cross-examine the witness. 9. Parties undertake to appear before the concerned Authority on 22/09/2026 without any formal notice being issued. 10. Rule is made absolute in aforesaid terms. (NANDESH S. DESHPANDE,J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 13/09/2026 14:46:51