Suresh Jotiram Mhamane And ANR. v. The State Of Maharashtra Thr. Secretary Social Welfare Dept. And ORS.

52-WP-63-2026 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 63 OF 2026 Suresh Jotiram Mhamane And Anr.

...Petitioners

VERSUS

The State of Maharashtra Thr. Secretary Social Welfare Dept. And Ors.

...Respondents

...

Mr. Machhindra Patil, Advocate for Petitioners Mr. A. P. Vanarase, AGP for the State ...

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

16th FEBRUARY 2026.

P.C.

IRESH MASHAL 1.

Petitioners challenge the order passed dated 8.9.2025 by IRESH MASHAL Date:

2026.02.16 18:42:10 +0530 passed by Joint Charity Commissioner, Kolhapur Division thereby allowing Revision Application No. 20 of 2023 and remanding the Inquiry Application No. 586 of 2016 to the Assistant Charity Commissioner by setting aside the order passed by him for fresh consideration on merits.

2.

Learned advocate for the petitioners assailed the impugned order stating that since the Trust was not functioning and no change reports were submitted by the Trustees, the Trust was de-registered by the order passed by the Assistant Charity Commissioner. Iresh

52-WP-63-2026 (C).DOC 3.

Respondent No. 2-Joint Charity Commissioner has committed an error of setting aside the order on the ground that Trustees were not made party.

4.

Learned AGP supports the impugned order.

5.

Perusal of the record shows that at the time of hearing of the Inquiry Application No. 586 of 2016, the Trustees whose names appeared on P.T.R. were not made party respondents. Therefore, even if public notice was issued at the time of end of that Inquiry Application, that is not sufficient as the concerned Trustees were not made parties. Respondent No. 2-Joint Charity Commissioner has passed a well reasoned order which is not liable to be interfered with in extraordinary writ jurisdiction.

6.

Writ Petition, being devoid of merit, is dismissed. (NITIN B. SURYAWANSHI, J.) Iresh