1. The main grievance of the petitioner before this Court is that though this Court passed order in Special Civil Application No.5012 of 2008 on 24.03.2008, the learned Charity Commissioner has not complied with the same. The relevant part of the order reads as under:-
3. As such, it is for the Charity Commissioner to arrange his own calendar, but it would also be required for him to give due priority to the matter of 1995. Therefore, if the petitioner moves an application for early hearing and disposal of the matter, the Charity Commissioner shall make an attempt to decide the matter as early as possible. (emphasis supplied).
2. Learned advocate for the petitioner invited attention of the Court to para-14, page No.13 of the petition, wherein it is mentioned that:-
............. subsequent to the said order dated 24th March, 2008 passed by this Hon'le Court, inter alia, directing Respondent No.1 to dispose of the said Scheme Application No.7 of 1995, as expeditiously as possible, the said Scheme Application No.7 of 1995 was adjourned by Respondent No.1 on his own accord on as many as 13 occasions, being 15th April, 2008, 17th April, 2008, 8th May, 2008, 24th July, 2008, 25th July 2008, 35th September, 2008, 10th September, 2008, 19th November, 2008, 21st May 2009 and 7th August, 2009. This would become ex facie evident from the Rojkam of the said Scheme Application, upon which the petitioner would like to place reliance, if so required, during the course of hearing of the present Special Civil Application............
3. The direction given by this Court is clear enough for being complied with by the learned Charity Commissioner. The Court, while maintaining magnanimity, has used the words, 'it is for the Charity Commissioner to arrange his own calendar'. The Court has made it very clear that the desire of the Court is that due priority should be given to the matters of 1995 and the direction is given to the effect that, 'the Charity Commissioner shall make an attempt to decide the matter as early as possible'.
4. Despite the above directions, the dates on which the matter is adjourned show that the direction given by this Court is not taken in right perspective by the learned Charity Commissioner. The petitioner may take appropriate remedy for the same.
With the aforesaid observations, the petition is disposed of.
(Ravi R.Tripathi, J.) *Shitole Top