Viplav Prafullchandra Bhagwat v. Dombivali Progressives Trust

30-WP-16587-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16587 OF 2025 Viplav Prafulchandra Bhagwat & Anr ..Petitioners

Versus

Dombivali Progressives Trust & Ors

...Respondents

Adv Namrata S Bobade, for the Petitioners.

Smt. V. R. Raje, AGP, for Respondent Nos. 10 & 11.

CORAM:

N. J. JAMADAR, J.

DATE :

15th DECEMBER 2025 ORAL ORDER:

1.

Heard the learned Counsel for the parties.

2.

The Petitioners are aggrieved by the inaction of the Authorities on the complaints and proceedings filed by the Petitioners before the Charity Commissioner.

3.

The learned Counsel for the Petitioners submitted that the Petitioners have filed a Misc Application No. 26 of 2024 raising grievances regarding mismanagement of the Trust. However, the ARUN RAMCHANDRA SANKPAL proceeding in the said Application could not be proceeded with, as a ARUN RAMCHANDRA SANKPAL Date: 2025.12.18 11:08:26 +0530 Transfer Application No. 47 of 2024 has been filed before the Charity Commissioner, Mumbai. The Petitioners have filed another proceeding for the removal of the Trustees under Section 41D of the Maharashtra 1/2

30-WP-16587-2025.DOC Public Trusts Act, 1950 ("the Act, 1950") being Misc Application No. 20 of 2025 4.

In the instant Petition, the Petitioners are seeking various directions. In exercise of writ jurisdiction, this Court cannot entertain these prayers like the Authorities under the Act, 1950. 5.

The grievance of the Petitioners can be adequately redressed if the learned Charity Commissioner is requested to hear and decide the Transfer Application No. 47 of 2024 as expeditiously as possible and the concerned Authorities seized with Misc Application No. 26 of 2024 and Misc Application No. 20 of 2025 are requested to decide the said Application as expeditiously as possible and in accordance with the law. 6.

Petition thus stands disposed, with a request to the learned Charity Commissioner to decide the Transfer Application No. 47 of 2024 and the concerned Joint/Deputy Charity Commissioner to decide the Misc Application No. 26 of 2024 and Misc Application No. 20 of 2025, as expeditiously as possible and in accordance with law. 7.

It is hereby clarified that, this Court has not entered into the merits of the matter and all questions, including the maintainability of the applications, shall be open for adjudication by the Authorities under the Act, 1950.

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