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2021 Supreme(Bom) 1496

MANGESH S.PATIL
Anand – Appellant
Versus
Rahul – Respondent


Advocates appeared:
R.N. Dhorde, Advocate, V.S. Kadam, Advocate, Rajendra S. Deshmukkh, Advocate, Sudhir K. Chavan, Advocate, K.B. Jadhavar, Advocate, N.B. Khandare, Advocate, S.V. Adwant, Advocate, D.J. Choudhary, Advocate

JUDGMENT

Mangesh S. Patil, J. - Heard.

2. Rule in both the Writ Petitions. It is made returnable forthwith. The learned Advocates for the respective respondents from both the Writ Petitions waive service. Even the learned A.G.P. waives service. At the joint request of the parties, the matters are heard finally at the stage of admission.

3. Irrespective of the exhaustive arguments advanced by the learned Senior Advocates Mr. R.N. Dhorde and Mr. Rajendra S. Deshmukkh on behalf of the petitioners and all the learned Advocates for the respondents, touching number of disputed questions of facts, the matters revolve around the only question as to whether a Writ Petition under Articles 226 and 227 of the Constitution of India would be maintainable in view of the remedy of a revision under Section 70A of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as `the Act) would be the appropriate and efficacious remedy to challenge an order passed by the Deputy Charity Commissioner or the Assistant Charity Commissioner under the first proviso to sub-section (2) of Section 22 of the Act thereby provisionally accepting a Change Report submitted under Section 22(1) of the Act.

4. The fac

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