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Bombay High CourtWP/259/2026disposed off

Hemant S/O Vitthalrao Bandebuche And Others v. Kalyan Laluji Dongre And Others

2026-01-20Hon'Ble Shri Justice Prafulla S. Khubalkar3 pages

2026:BHC-NAG:1131 1 90. WP 259 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.259 OF 2026 HEMANT S/O VITTHALRAO BANDEBUCHE AND OTHERS

VERSUS

KALYAN LALUJI DONGRE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.D. Abhyankar, Advocate for Petitioners. Mr. N.D. Khamborkar, Advocate for Respondent Nos.1 & 2. Mr. S.C. Joshi, AGP for Respondent Nos.3 & 4-State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 20th JANUARY 2026 PER COURT :- 1.

Heard learned Advocate for the petitioners and learned Advocate for respondent Nos.1 and 2 as well as learned AGP for respondent Nos.3 and 4-State.

2.

By this petition, the petitioners have challenged the order dated 17.11.2025, passed by respondent No.4 Joint Charity Commissioner-II, Nagpur, by which the revision application bearing Revision Application No.44 of 2024, filed by respondent No.1 is allowed and the order dated 06.09.2023, passed by respondent No.3 Assistant Charity Commissioner, Bhandara, is quashed and set-aside and the matter is remitted back to Assistant Charity Commissioner, Bhandara.

2 90. WP 259 of 2026.odt 3.

Learned Advocate for the petitioners points out that the impugned order is passed by respondent No.4 Joint Charity Commissioner, by mainly considering an incorrect factual aspect about filing of the change report in question on 01.08.2023. He submits that, as a matter of fact, the change report in question was filed on 10.03.2023 and invites attention to document of change report filed at Annexure 'B' along with this petition. He submits that respondent No.4 has allowed the revision application by mainly considering this incorrect factual aspect, which has resulted into an error in the impugned order.

4.

As regards the contention of the petitioners that the change report was filed on 10.03.2023, there is no dispute by the respondents. Thus, it becomes clear that the impugned order is passed by respondent No.4 by considering an incorrect factual aspect and therefore, the matter needs to be remitted back to respondent No.4 for deciding it afresh after giving an opportunity of hearing to both the parties. In view of this, following order is passed.

ORDER

I) The order dated 17.11.2025, passed by respondent No.4 Joint Charity Commissioner-II, Nagpur, in Revision Application No.44 of 2024, is quashed and set-aside.

3 90. WP 259 of 2026.odt II) The matter is remitted back to respondent No.4 Commissioner-II, Nagpur, for deciding it afresh after giving an opportunity to all the parties concerned.

III) Parties are directed to appear before respondent No.4 Joint Charity Commissioner-II, Nagpur, on 30th January 2026 and respondent No.4 is directed to finally decide the revision application afresh within a period of two months from the date of appearance of the parties.

IV) Parties are directed to maintain status quo during pendency of the proceedings before respondent No.4 Joint Charity Commissioner-II, Nagpur.

V) In view of this, the Writ Petition is disposed of. VI) No order as to costs.

(PRAFULLA S. KHUBALKAR, J.) asd