Dhairyasheel Shivajirao Bhosale vs. Joint Charity Commissioner Kolhapur

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale PETITIONER V/S Joint Charity Commissioner Kolhapur RESPONDENT CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 10th July, 2023 P.C. : Due to paucity of time, stand over to 17/07/2023. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale PETITIONER V/S Joint Charity Commissioner Kolhapur RESPONDENT CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 17th July, 2023 P.C. : Due to paucity of time, stand over to 19/07/2023. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 7: DINESH SADANAND SHERLA Digitally signed by DINESH SADANAND SHERLA Date: 2023.07.19 15:30:21 +0500 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8451 OF 2023 1/1 Dhairyasheel S. Bhosale …Petitioner V/s. Joint Charity Commissioner, Kolhapur ...Respondent. Mr. Vineet Naik, Sr.Advocate i/b Mr. Sukand Kulkarni for the Petitioner. Mr. P.G. Sawant, AGP for the Respondent No.1. Mr. Prashant Bhavake, for the Respondent Nos.2 to 4. CORAM : N.R. BORKAR, J. DATE : 19.07.2023. P.C. : The learned Senior Counsel for the Petitioner seeks leave to implead the complainant as party respondents to the present petition. Leave as sought is granted. Necessary amendment shall be carried out forthwith. Issue notice to the Respondents, returnable on 31 July 2023. The learned AGP waives notice for the Respondent No.1. Mr.Bhavke, the learned counsel waives notice for the Respondent Nos.2 to 4/complainant. [N.R.BORKAR, J.]

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT WITH WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT Mr. Akshay Kulkarni a/w Mr. Sukand Kulkarni for Petitioner Ms. M. S. Srivastava, AGP for State. Mr. Nitin Gaware Patil for Respondent Mr. Prashant Bhavake for Respondent Nos. 2 & 4. CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 31st July, 2023 P.C. : S. O. to 08/08/2023 ( H. O. B.). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT WITH WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT Mr. Akshay Kulkarni a/w Mr. A. M. Kulkarni for Petitioner in WP 9443/2023 Mr. Sukand Kulkarni for Petitioner in WP 8451/2023 Ms. M. S. Srivastava, AGP for Respondent - State CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 8th August, 2023 P.C. : S. O. to 09/08/2023 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT WITH WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT Mr. A. M. Kulkarni a/w Mr. Akshay Kulkarni for Petitioner in Wp/9443/2023 Mr. Sukand Kulkarni for Petitioner in Wp/8451/2023 Mr. N. V. Bandikar, Sr. Adv. a/w Mr. Prashant Bhavake for Respondent Mr. Nitin Gaware Patil a/w Mr. Sachin Thorat for Intervenor CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 9th August, 2023 P.C. : S. O. to 21/08/2023 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT WITH WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 22763 OF 2023 In Writ Petition 9443 OF 2023 Laxman Baburao Hodge And Ors ....PETITIONER V/S Sandeep Rajaram Magdum And And Ors ....RESPONDENT Mr. A. M. Kulkarni a/w Mr. Akshay Kulkarni for Petitioner in WP/9443/2023. Mr. Vineet B. Naik, Sr. Adv., i/by Mr. Sukand Kulkarni for Petitioner in WP/8451/2023. Mr. Sachin Thorat for Intervenor. Mr. Sushant A. Khatake a/w Mr. Prashant Bhavake for Respondent No. 2 to 4. CORAM : HON'BLE SHRI JUSTICE MADHAV J. JAMDAR J DATE : 21st August, 2023 P.C. : At the request of the learned Counsel for the Appellant(s)/ Applicant(s) / Petitioner(s) / Respondent No. stand over to 24/08/2023. Ad-interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 18: 930-wp-9443-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8451 OF 2023 Dhairyasheel Shivajirao Bhosale ...Petitioner Versus Joint Charity Commissioner, Kolhapur Division, Kolhapur & Ors. ...Respondents WITH INTERIM APPLICATION NO.14454 OF 2023 IN WRIT PETITION NO.8451 OF 2023 Laxman Baburao Hodge & Ors. ...Applicants In the matter between: Dhairyasheel Shivajirao Bhosale ...Petitioner Versus Joint Charity Commissioner, Kolhapur Division, Kolhapur & Ors. ...Respondents WITH WRIT PETITION NO.9443 OF 2023 Sandeep Rajaram Magdum & Ors. ...Petitioners Versus Joint Charity Commissioner, Kolhapur Division, Kolhapur & Ors. ...Respondents WITH INTERIM APPLICATION NO.14637 OF 2023 IN WRIT PETITION NO.9443 OF 2023 Laxman Baburao Hodge & Ors. ...Applicants Sonali In the matter between: Sandeep Rajaram Magdum & Ors. ...Petitioners Versus Joint Charity Commissioner, Kolhapur Division, Kolhapur & Ors. ...Respondents Mr. Vineet Naik, Senior Advocate a/w. Mr. Sukand Kulkarni, for the Petitioner in WP/8451/2023. Mr. N. V. Bandiwadekar, Senior Advocate i/b. Mr. Prashant Bhavake, for Respondent No.2 to 4. Mr. Ashutosh Kulkarni i/b. Mr. Akshay Kulkarni, for the Petitioners in WP/9443/2023. Mr. Sanjay D. Rayrikar, AGP, for the Respondent No.1-State. CORAM : MADHAV J. JAMDAR, J. DATED : 24th AUGUST 2023 P.C. : Both, Mr. Vineet Naik, learned Senior Counsel appearing for the Petitioner and Mr. N. V. Bandiwadekar, learned Senior Counsel appearing for Respondent Nos.2 to 4 in Writ Petition No.8451 of 2023 tender the Consent Terms regarding arrangement for performing pooja on 28th August 2023 and 4th September 2023 on the occasion of "Akhand Harinam Mahasaptaha of Sadguru Balumama". The said Consent Terms are signed by the Petitioner as well as the Respondent Nos.2 and 3 who are present in Court. The Consent Terms are also signed by the learned Advocates appearing for the Petitioner and for the Respondent Nos.2 to 4 respectively. The respective learned Advocates identify the signatures of their respective clients as appearing on the Consent Terms. Mr. Bandiwadekar, learned counsel appearing for the Respondent Nos.2 to 4 states that telephonic instructions have been obtained from Respondent No.4 and that he has also agreed to the Consent Terms and same will be signed by him and will be filed in this Court on or before 28th August 2023. The said statement is accepted. Accordingly, the said Consent Terms are taken on record and marked "X" for identification. It is clarified that the arrangement set out in the said Consent Terms is without prejudice to the rights and contentions of both the parties and the said interim arrangement will not create any equity in favour of the Petitioner. All concerned including Superintendent of Police, Kolhapur, Police Inspector, Gargoti Police Station, Gargoti as 3/4 well as concerned officer administering the affairs of the trust under the impugned order dated 24th April 2023 passed by the Respondent No.1-Joint Charity Commissioner, Kolhapur Division, Kolhapur in application bearing Exhibit-81 in Application No.1 of 2022 will act on the authenticated copy of this order along with Consent Terms as authenticated by learned Sheristedar of this Court. As the said pooja is on 28th August 2023 and 4th September 2023, these Writ Petitions are adjourned to 8th September 2023 at 2.30 p.m. Parties are put to notice that on 8th September 2023, subject to the convenience of the Court, both the Writ Petitions will be heard finally at the stage of admission. [MADHAV J. JAMDAR, J.] 4/4

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT WITH WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT WITH INTERIM APPLICATION NO. 14454 OF 2023 In Writ Petition 8451 OF 2023 Laxman Baburao Hodge And Ors PETITIONER V/S Dhairyasheel Shivajirao Bhosale RESPONDENT Mr. Vineet Naik, Senior Advocate a/w. Mr. Sukand Kulkarni, for the Petitioner in WP/8451/2023. Mr. Ashutosh Kulkarni i/b. Mr. Akshay Kulkarni, for the Petitioners in WP/9443/2023. Mr. N. V. Bandiwadekar, Senior Advocate i/b. Mr. Prashant Bhavake, for Respondent No.2 to 4. Mr. Nitin Gaware a/w Mr. Sachin Thorat for Intervener in both Petitions. Ms. V. S. Nimbalkar, AGP, for the Respondent No.1-State. CORAM : HON'BLE SHRI JUSTICE MADHAV J. JAMDAR J DATE : 8th September, 2023 P.C. : S. O. to 14/09/2023 ( at 2:30 pm). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT WITH WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT Mr. Vineet Naik, Senior Advocate a/w. Mr. Sukand Kulkarni, for the Petitioner in WP/8451/2023. Mr. Ashutosh Kulkarni i/b. Mr. Akshay Kulkarni, for the Petitioners in WP/9443/2023. Mr. N. V. Bandiwadekar, Senior Advocate i/b. Mr. Prashant Bhavake, for Respondent No.2 to 4. Mr. Nitin Gaware a/w Mr. Sachin Thorat for Intervener in both Petitions. Ms. V. S. Nimbalkar, AGP, for the Respondent No.1-State. CORAM : HON'BLE SHRI JUSTICE MADHAV J. JAMDAR J DATE : 8th September, 2023 P.C. : S. O. to 14/09/2023 ( at 2:30 pm). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8451 OF 2023 Dhairyasheel Shivajirao Bhosale ....PETITIONER V/S Joint Charity Commissioner Kolhapur ....RESPONDENT WITH WRIT PETITION NO. 9443 OF 2023 Sandeep Rajaram Magdum And And Ors ....PETITIONER V/S Joint Charity Commissioner Kolhapur And Ors....RESPONDENT WITH INTERIM APPLICATION NO. 14454 OF 2023 In Writ Petition 8451 OF 2023 Laxman Baburao Hodge And Ors PETITIONER V/S Dhairyasheel Shivajirao Bhosale RESPONDENT Mr. Vineet Naik, Senior Advocate a/w. Mr. Sukand Kulkarni,for the Petitioner in WP/8451/2023. Mr. Ashutosh Kulkarni i/b. Mr. Akshay Kulkarni, for thePetitioners in WP/9443/2023. Mr. N. V. Bandiwadekar, Senior Advocate i/b. Mr. PrashantBhavake, for Respondent No.2 to 4. Mr. Nitin Gaware Patil a/w Mr. Sachin Thorat for Intervener in both Petitions. Mr. Sanjay D. Rayrikar, AGP, for the Respondent No.1 - State. CORAM : HON'BLE SHRI JUSTICE MADHAV J. JAMDAR J DATE : 14th September, 2023 P.C. : S. O. to 25/09/2023 ( at 2.30 pm). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 26: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8451 OF 2023 Dhairyasheel Shivajirao Bhosale .Petitioner Vs. The Joint Charity Commissioner, Kolhapur .Respondents Division, Kolhapur & ors. WITH INTERIM APPLICATION NO.14454 OF 2023 IN WRIT PETITION NO.8451 OF 2023 Laxman Baburao Hodge & ors. .Applicants IN THE MATTER BETWEEN Dhairyasheel Shivajirao Bhosale .Petitioner Vs. The Joint Charity Commissioner, Kolhapur Division, Kolhapur & ors. .Respondents WITH WRIT PETITION NO.9443 OF 2023 Sandeep Rajaram Magdum & ors. .Petitioners Vs. The Joint Charity Commissioner, Kolhapur Division, Kolhapur & ors. .Respondents WITH INTERIM APPLICATION NO.14637 OF 2023 IN WRIT PETITION NO.9443 OF 2023 Laxman Baburao Hodge & ors. .Applicants IN THE MATTER BETWEEN Sandeep Rajaram Magdum & ors. .Petitioners Vs. The Joint Charity Commissioner, Kolhapur Division, Kolhapur & ors. .Respondents Mr. Vineet Naik, Senior Advocate a/w. Mr. Sukand Kulkarni, for the Petitioner in W. P. No. 8451 of 2023 Mr. N. V. Bandiwadekar, Senior Advocate, for Respondent Nos. 2 to 4 Mr. Ashutosh Kulkarni i/b. Mr. Akshay Kulkarni, for the Petitioners in W. P. No. 9443 of 2023 Mr. Sanjay D. Rayrikar, AGP, for the Respondent No. 1 – State Mr. Dhananjay Bhosale a/w. Mr. Ashok Janrao i/b. Mr. Sachin Thorat, Advocate, for the Intervenors in both Petitions CORAM : MADHAV J. JAMDAR, J. DATE : 25.09.2023 P. C. These matters were heard on earlier occasions. Mr. Vineet Naik, learned senior counsel appearing for the Petitioner and Mr. Bandivadekar, learned senior counsel appearing for Respondent Nos. 2 to 4 state that if pending Application bearing No. 1 of 2022 under Section 41D of the Maharashtra Public Trusts Act, 1950 is directed to be decided expeditiously then the Writ Petition can be disposed of by passing the said order and no reasons be assigned for passing such order. The learned Joint Charity Commissioner, Kolhapur Division, Kolhapur is directed to fnally hear and decide the pending Application No. 1 of 2022 under Section 41D of the Maharashtra Public Trusts Act, 1950 as expeditiously as possible and in any case, on or before 29.02.2024. The learned Joint Charity Commissioner, Kolhapur Division, Kolhapur is further directed to decide the said Application on its own merits and without being infuenced by the prima facie observations made in the impugned order dated 24th April 2023 passed below Exh. 81 in the pending 41D Application. It is clarifed that this Court has not considered the merits of the matter and all the contentions on merits are expressly kept open. All the parties are directed to co-operate with the Joint Charity Commissioner, Kolhapur Division, Kolhapur in disposing of the said Application No. 1 of 2022 in a time bound manner. 3 of 4 The Writ Petition No. 8451 of 2023 is disposed of in above terms with no order as to costs. In view of disposal of the W. P. No. 8451 of 2023, nothing survives for consideration in the I. A. No. 14454 of 2023 and same stands disposed of accordingly. Mr. Kulkarni, learned counsel appearing for the Petitioners in W. P. No. 9443 of 2023, on instructions, seeks withdrawal of the said Writ Petition in view of order dated 25.09.2023 passed in W. P. No. 8451 of 2023. Accordingly, W. P. No. 9443 of 2023 is allowed to be withdrawn and disposed of as such. In view of disposal of the W. P. No. 9443 of 2023, nothing survives for consideration in the I. A. No. 14637 of 2023 and same stands disposed of accordingly. (MADHAV J. JAMDAR, J.)