Shrihari Moreshwar Kawdiwale And Others v. Sitaram Narayan Burujwale And Others

2025:BHC-AUG:36121 941-wp-15828-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15828 OF 2023 Shrihari Moreshwar Kawdiwale And Others

VERSUS

Sitaram Narayan Burujwale And Others ...

Advocate for the Petitioner : Mr. Barde Parag Vijay ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 17, 2025 PER COURT :

1.

Heard learned counsel for the petitioner.

2.

By way of present petition, the petitioner assails the order dated 11.03.2022 passed by the learned Joint Charity Commissioner, Nashik in Revision Application No.15 of 2018, whereby the revision filed by respondent no.4 under Section 70A of the Maharashtra Public Trusts Act, 1950 came to be allowed.

3.

Mr. Barde, learned counsel for the petitioners points out that earlier change report which was submitted, nobody has raised objection, therefore, the Assistant Charity Commissioner has accepted the same. Respondent no.4 herein after a period of eight years filed a revision under Section 70A of the Maharashtra Public Trusts Act and therefore, he submits that though under Section 70A, the limitation is not provided, the Joint Charity Commissioner ought not to have exercised the revisional jurisdiction and therefore, he submits that the

941-wp-15828-2023.odt (2) order passed by the Joint Charity Commissioner is liable to be set aside.

4.

I have gone through the order passed by the learned Assistant Charity Commissioner whereby the change report came to be accepted. Having gone through the order passed by the Assistant Charity Commissioner, I find that the order is unreasoned order. No any findings are recorded by the Assistant Charity Commissioner while accepting the change report and therefore, the learned Joint Charity Commissioner set aside the order and restored the change report by directing the Assistant Charity Commissioner to decide the change report within a period of three months. 5.

As the order of accepting the change report was unreasoned and the same was set aside, I do not find any reason to interfere with the order dated 11.03.2022 passed by the learned Joint Charity Commissioner, Nashik in Revision Application No.15 of 2018. 6.

The petition is dismissed. No order as to cost. (SIDDHESHWAR S. THOMBRE, J.) Mujaheed//