Anjuman E Tarakki E Urdu Trust Thr Chairman And Others v. State Of Maharashtra And Others

2026:BHC-AUG:4766 (1) 992-wp-8628-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8628 OF 2025 ANJUMAN E TARAKKI E URDU TRUST THR CHAIRMAN AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Mr. R. F. Totala h/f Mr. Vedant Shrigopalji Kabra, Advocate for the Petitioners.

Mr. K. B. Jadhavar, AGP for Respondents-State. Mr. S. S. Jadhavar, Advocate for Respondent Nos.3 to 11. ...

WITH CIVIL APPLICATION NO. 8512 OF 2025 IN WP/8628/2025 CORAM : S. G. CHAPALGAONKAR, J.

DATED : 03rd FEBRUARY, 2026.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

Mr. Jadhavar, learned Advocate appearing for respondent nos.3 to 11 raises preliminary objection that petition may not be entertained, as petitioners have alternate efficacious remedy to file Revision Application under Section 70A of Maharashtra Public Trust Act. He relies upon observations of this Court in case of Anand Sheshrao Bharose Vs. Rahul Vedprakash Patil and Others (Writ Petition No.3788/2021 decided on 18.11.2021), particularly paragraph no.10, which reads thus: "10.

However, as the wording of Section 70A is explicit and empowers a Charity Commissioner either suo motu or on an application to call for and examine the record and proceedings of any of the cases mentioned in Section 70,

(2) 992-wp-8628-2025.odt which covers even case or enquiry pending under Section 22, the impugned order having been passed in the nature of an interlocutory order, granting provisional approval under first proviso to sub-section (2) of Section 22, it would be a case squarely covered by Section 70A." 3.

In view of aforesaid observations, petitioners have alternate efficacious remedy. In that view of matter, Writ Petition stands disposed of with liberty in favour of petitioners to approach Revisional Authority within period of three weeks from today. 4.

Interim relief granted by this Court to continue for period of three weeks. The petitioners would be free to make application for interim relief before concerned Authority, who shall decide it on its own merits without influenced by order of this Court granting interim relief.

5.

In view of disposal of Writ Petition, pending Civil Application also stands disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2026