Bhadant Arya Nagarjun Shurei Sasai v. Dr. Rajendra Ramkrishna Gawai And ORS.

2025:BHC-NAG:13498-DB 117-WP-7560-2025.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 7560 of 2025 Bhadant Arya Nagarujun Shurei Sasai vs.

Dr., Rajendra Ramkrishna Gawai and others ------------------------------------------------------------------------------------------------------- Mr. S. D. Abhyankar, Advocate for petitioner. Ms T. H. Khan, Assistant Government Pleader for respondent no.13. ------------------------------------------------------------------------------------------------------- CORAM :- ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE :- 3rd DECEMBER, 2025 Heard learned counsel for the petitioner.

2.

In short, it is the case of the petitioner that an application under Section 41 A of the Maharashtra Public Trusts Act, 1950 (for short, 'MPT Act') was preferred by the respondent nos. 1 to 8. The present petitioner has filed an application for dismissal of the application preferred by the respondent nos. 1 to 8 under Section 41 A of the MPT Act. The said application for dismissal of the application filed under Section 41 A of the MPT Act was decided by the Deputy Charity Commissioner, Nagpur Region, Nagpur vide its order dated 01.10.2025.

3.

The only grievance which is raised by the petitioner is that the observations made by the learned Deputy Charity Commissioner in the order dated 01.10.2025 more particularly at para 12 will affect the decision which would be taken while deciding the application filed under Section 41 A of the MPT Act.

4.

We wish to clarify that the observations made in the order dated 01.10.2025 were limited for deciding the application for dismissal of the application filed under Section 41 A of the MPT Act.

117-WP-7560-2025.odt 2 5.

Needless to mention that while deciding the main application i.e. filed under Section 41 A of the MPT Act, the learned Deputy Charity Commissioner, Nagpur Region, Nagpur shall not be influenced by the observations made in para 12 of the order dated 01.10.2025 6.

Keeping all the points open except the point of maintainability, the writ petition is disposed of. No order as to costs. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Andurkar.