Shafi Ibrahim Shaikh v. The Joint Charity Commissioner Pune Division

16-WP-10261-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10261 OF 2025 Shafi Ibrahim Shaikh & Anr ..Petitioners

Versus

The Joint Charity Commissioner Pune Division & Ors

...Respondents

Mr. A.R.Rayani, for the Petitioners.

Ms. Tejas Kapre, AGP, for Respondent Nos. 1 to 3-State.

CORAM:

N. J. JAMADAR, J.

DATED :

31st JULY 2025 P.C.:

1.

Heard the leaned Counsel for the Petitioner.

2.

The challenge in this Petition is to an order dated 22nd October 2024 passed by the learned Joint Charity Commissioner-II, Pune, whereby the Revision Application preferred by the Petitioners against an order dated 3rd May 2023 passed by the Deputy Charity Commissioner, ARUN RAMCHANDRA SANKPAL Solapur Division, Solapur, in Change Report No. 283 of 2023, came to ARUN RAMCHANDRA SANKPAL Date: 2025.08.01 09:18:33 +0530 be dismissed by affirming the said order of accepting the change reported by Respondent No.4.

3.

The learned Counsel for the Petitioners submitted that the Respondent No.4, had ceased to be a Trustee of the Trust, as from the own showing of the Respondent No.4, no election to the managing 1/2

16-WP-10261-2025.DOC committee of the Trust were held, though the Trust was registered in the year 1974. Therefore, the Authorities failed to consider that the change was not legal.

4.

I have perused the impugned order. The claim of the Petitioners of being elected to the office of the Trustees of the Trust is premised on a news item published in a newspaper. No other material could be placed on the record of the Assistant Charity Commissioner to demonstrate that the Petitioners had been elected as Trustees of the Trust.

5.

Even otherwise, the material on record indicates that the Authorities have applies the correct tests to determine whether there was a change, in fact, and whether the change was legal. The retiring Trustees gave their No Objection. Consent letters of the newly elected Trustees were also placed on the record of the Assistant Charity Commissioner.

6.

In these circumstances, this Court does not find such infirmity in the impugned order as to warrant exercise of extraordinary writ jurisdiction.

7.

The Petition stands dismissed.

[N. J. JAMADAR, J.] 2/2