1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4567/2009 (Kishorkumar Jamunashankar Tiwari and another ..vs.. Suresh Sharma and oth.) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 12, 2009 Heard learned Advocate Shri V.K.Paliwal for petitioner and learned AGP for respondent No.14. Challenge in this writ petition is to the order dated 12/2/2004, passed by the Assistant Charity Commissioner, Nagpur, directing defacto managing body to enroll members within 3 (three) months and thereafter elections were also ordered to be held. Learned advocate states that said order was challenged before the Joint Charity Commissioner, Nagpur in Revision Application No. 32/2005, which came to be decided vide judgment dated 15/12/2008. Perusal of judgment dated 15/12/2008 shows that, said revision was against the order dated 31/7/2004 and the Joint Charity Commissioner while 2 delivering the judgment has found that order dated 12/2/2004 (impugned in this petition) has attained finality. It is, therefore, apparent that the challenge is raised after more than 5 years and as the Joint Charity Commissioner has found that said order has attained finality, the order is bound to have been implemented. Learned Advocate Shri Paliwal has, during argument, states that change report has also been filed. In the circumstances, challenge in this writ petition is stale and petition suffers from latches. Writ Petition is, therefore, dismissed. No order as to costs. JUDGE Diwale.