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2007 Supreme(Bom) 1334

S.B.DESHMUKH
Raghunath S/o Motiram Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. R.N.Dhorde, Advocate i/b Mr. R. S. Shinde, Advocate for the Petitioner.
Mr. D.V.Tele, A.G.P. for Respondent Nos.1 to 3.
Mr. A.D.Magare, Advocate for Respondent No.4.
Miss. Surekha Mahajan, Advocate for the Respondent Nos.5 to 11.

JUDGMENT:

1. Heard learned counsel for the parties.

2. Rule. By consent of parties, rule is made returnable forthwith and heard finally.

3. A brief historiette of lis would suffice. The Writ Petition No.3017 of 2007, takes an exception to the judgment and order passed by the learned Assistant Charity Commissioner, Dhule in Inquiry No.400 of 2007 passed on 3rd May, 2007. Writ petition No.3401 of 2007 challenges the judgment and order passed by the learned Assistant Charity Commissioner, Dhule in Inquiry No.415 of 2007, dated 22nd May, 2007.

4. Writ Petition No.3017, as noted above, challenges the order passed by the learned Assistant Charity Commissioner, Dhule in Inquiry Application No.400 of 2007. This proceeding/ inquiry application, indisputably, is registered at the instance of learned Assistant Charity Commissioner, Dhule Region, Dhule (suo motu). It appears that Borvihir Vidya Prasarak Sanstha, Taluka and District Dhule (hereinafter referred to as the trust, for short) is shown to be opponent in that inquiry application. It is also not in dispute that neither the present petitioners nor any other person, was heard by the learned Assistant Charity Commissioner while passing the

















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