Pramod Vasantrao Ganesh v. Shri Gajanan Maharaj Sansthan, Shegaon, Thr. Its Trustee, Vishweshwar Shaligram Trikal And Another
2025:BHC-NAG:12287
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.7064/2023 Pramod Vasantrao Ganesh ...Versus...
Shri Gajanan Maharaj Sansthan, Shegaon, Through its Trustee, Vishweshwar Shaligram Trikal, Shegaon, Tq. Shegaon, Dist. Buldhana and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Masood Shareef, Mr. A.J. Mirza & Mr. Shadan Khan, Advocates for petitioner Mr. A.R. Patil, Advocate for respondent No.1 Mr. S.B. Bissa, AGP for respondent No.2 CORAM : ROHIT W. JOSHI, J.
DATE : 17/11/2025 1.
The present petitioner has filed applications vide Exhibits -10 and 22, raising preliminary objections to the change report proceedings, which were filed for deletion of his name from Schedule-I.
2.
The said objections raised vide Exhs.-10 and 22 came to be rejected by the learned Assistant Charity Commissioner vide orders dated 19/09/2019 and 19/03/2020. Two separate revisions were preferred against the said orders, which have been dismissed by the learned Joint Charity Commissioner on 31/01/2022. Writ Petition No.1184/2022 was preferred by the petitioner, challenging the said order. The said petition was disposed of as withdrawn vide order dated 12/10/2022.
3.
Perusal of the order dated 12/10/2022 will demonstrate that this Court has observed that since objections raised in the charge report proceedings were pending, it would
be appropriate to direct the competent authority to decide the same on merits and in that view of the matter, the learned Advocate for the petitioner had made motion to withdraw the petition. The writ petition was dismissed as withdrawn on such motion being made.
4.
In this backdrop, the petitioner filed application at Exh.35 inter alia claiming that applications at Exh.10 and 22 were ordered to be re-decided by this Court. The said application is rejected by the learned Assistant Charity Commissioner vide order dated 26/09/2023, which is a subject matter of the present petition.
5.
Perusal of the order dated 12/10/2022, passed by this Court in Writ Petition No.1184/2022 will demonstrate that the orders passed by the learned Assistant Charity Commissioner, rejecting preliminary objections raised vide Exhs.10 and 22 are not disturbed. Likewise, the orders passed by the revisional authority are also not set aside. It is not in dispute that separate objection is filed by the petitioner vide Exh.31, which was pending as on 12/10/2022 when the petition was decided. The said objection filed vide Exh.31 is still pending.
6.
In view of the aforesaid, in the considered opinion of this Court, the learned Assistant Charity Commissioner has rightly interpreted the order dated 12/10/2022, passed by this Court. The import of the order dated 12/10/2022 is not that objections filed vide Exhs.10 and 22 which were decided on merits be re-heard. All that, the order provides is that the other objection, which was pending could be decided on its own merit.
7.
In view of the above, Writ Petition stands dismissed with no order as to costs. The learned Assistant Charity Commissioner is requested to decide the objection filed by the petitioner vide Exh.31 as expeditiously as possible and in any case on or before 31/03/2026.
(ROHIT W. JOSHI, J.) Wadkar