There is consensus between learned advocates for the parties in light of the decision of the Apex Court that the delay in pronouncing the judgment would defeat the cause. In the instant case the delay is gross, which is required to be taken into consideration and hence the matter is required to be remanded to Joint Charity Commissioner for re-hearing and deciding it within the stipulated time of 30 (thirty) days from the date of receipt of writ of this Court. Learned advocates for all the parties have agreed that no adjournment will be sought and the matter shall be proceeded and judgment be pronounced within thirty days period from the date of receipt of writ of this Court.
Accordingly, the impugned order is quashed and set aside. Quashing and setting aside of the order is only on account of consensus of the parties and this Court has not opined anything on merits of the matter in any manner and the same shall not be construed as opinion of the Court. Concerned Joint Charity Commissioner who is to hear this matter shall hear & decide it, and pronounce the judgment within 30 (thirty) days from the date of receipt of writ of this Court.
With the above observations, the petition is disposed of. Notice discharged. No costs. Direct service permitted.
[ S.R. BRAHMBHATT, J ] /vgn Top