Neelam Janardhan Rachalwar And Another v. The Assistant Charity Commissioner, Chandrapur And Others

2026:BHC-NAG:3016-DB 1 WP-629-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.629 OF 2025 [Shri Neelam Janardhan Rachalwar and another Vs. The Assistant Charity Commissiodner, Chandrapur and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri N.D. Khamborkar, Counsel for Petitioners. Shri I.J. Damle, Assistant Government Pleader for Respondent No.1. Shri V.A. Lohiya, Counsel for Respondent Nos.2 and 3. Shri Mahesh Dhandekar, Counsel for Respondent Nos.5 and 6. CORAM : ANIL S. KILOR AND RAJ D. WAKODE , JJ.

D ATE : 18 th FEBRUARY, 2026 .

1.

In the present petition, the order below Exhibit 01 dated 23rd December, 2024 passed by the Assistant Charity Commissioner, Chandrapur, in Application No.260 of 2022 under Section 41A of the Maharashtra Public Trust Act, 1950, is under challenge. 2.

The petitioners were the non-applicants in the said proceedings. The application filed under Section 41A of the Maharashtra Public Trusts Act, 1950 was partly allowed, vide above-referred order and thereby recorded trustees of the last recorded body are directed to administer the Trust as per the provisions of the constitution of the Trust. 3.

Shri Khamborkar, learned counsel for the petitioners, points out that there are many Change Reports pending since long and there is no decision on those Change Reports, and that is the root cause for the dispute between the parties, which is affecting the administration of the Trust. He, therefore, submits that the direction be issued to the Assistant Charity Comissioner, Chandrapur, to decide those Change Reports. 4.

Considering the request made by the learned counsel for the petitioners, we are of the opinion that to resolve the disputes in the Trust,

2 WP-629-2025.odt it would be necessary to decide all the Change Reports pending before the Assistant Charity Commissioner, Chandrapur.

5.

Accordingly, we dispose of the present petition with a direction to the Assistant Charity Commissioner, Chandrapur, to decide Change Reports No.140 of 2019, 122 of 2021, 123 of 2021, 75 of 2023, 31 of 2023, 32 of 2023, Scheme Application No.3 of 2023 and Misc. Application No.29 of 2016 within a period of one year from today. Both the parties have agreed to co-operate the Assistant Charity Commissioner, Chandrapur, to decide the aforesaid Change Reports and other applications. 4.

We further direct the Joint Charity Commissioner, Nagpur, to promptly act on the order dated 4th November, 2023 passed by this Court in Writ Petition No.7467 of 2023.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) LANJEWAR