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Bombay High Court

RAMAKANT SURYAJIRAO DAREKARversusTHE CHARITY COMMISSIONER PUNE REGION PUNE AND ORS

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the writ petition and granted the petitioner liberty to file a representation within the stipulated time.

Summary

The petitioner, Ramakant Suryajirao Darekar, filed a writ petition seeking relief against the Charity Commissioner, Pune. He later applied to withdraw the petition in order to file a proper representation before the Commissioner. The petition was unopposed, and the Court allowed the withdrawal, directing that any representation raising issues under Section 68 of the Maharashtra Public Trusts Act, 1950, must be filed within four weeks. If such issues are raised, the Court will examine them within eight weeks of receipt of the representation. Consequently, the writ petition was disposed of as withdrawn, with liberty granted to the petitioner to pursue the matter through the statutory representation route.

Issues considered

  • Whether the petitioner may withdraw the writ petition and be granted liberty to file a representation before the Charity Commissioner
  • Procedural time limits for filing a representation under Section 68 of the Maharashtra Public Trusts Act, 1950

Legislation cited

Subjects

  • withdrawal of writ petition
  • representation before Charity Commissioner
  • Maharashtra Public Trusts Act
  • Section 68
  • civil appellate jurisdiction
  • procedural law

Judgment

                                                                               12-WP-14635-2024.DOC

           Digitally signed
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:
           2026.07.30
           16:24:45
           +0530



                                                                                               Pallavi

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO.14635 OF 2024


                              Ramakant Suryajirao Darekar                              …Petitioner
                                    Versus
                              Charity Commissioner, Pune Region, Pune & Ors.       …Respondents


                              Mr Arun Kadam, for the Petitioner.
                              Mr N.C. Walimbe, Addl. GP, a/w S.P. Kamble, AGP for the
                                   Respondent Nos.1 and 2 - State.



                                                   CORAM:        SUMAN SHYAM &
                                                                 ADVAIT M. SETHNA, JJ.
                                                   DATED:        27th JULY 2026.
                              PC:-


                              1.     Mr. Kadam, learned counsel for the Writ Petitioner, on
                              instructions of his client, seeks leave of this Court to withdraw the
                              Writ Petition with liberty to file a proper representation before the
                              Charity Commissioner, Pune, ventilating his grievance in the
                              matter.

                              2.     The prayer for withdrawal is not opposed by Mr. Walimbe,
                              learned Additional Government Pleader appearing for the State.
                              Such prayer is therefore, allowed.

                              3.     We make it clear that if a representation is filed by the
                              Petitioner, within four weeks from today, raising issues which come
                              within the domain of Section 68 of the Maharashtra Public Trusts




                                                            Page 1 of 2
                                                12-WP-14635-2024.DOC




Act, 1950, then in that event, the same be examined in accordance
with law and appropriate steps as may be warranted under the law
be taken in respect thereof, within a further period of eight weeks
from the date of receipt of representation.

4.    The Writ Petition stands Disposed of as withdrawn.




(ADVAIT M. SETHNA, J.)                        (SUMAN SHYAM, J.)
                                                                   {




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