Tryambak Maharu Sonawane v. The Assistant Charity Commissioner Dhule And Others

2026:BHC-AUG:2909 949-wp-664-2026.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 664 OF 2026 Tryambak Maharu Sonawane

VERSUS

The Assistant Charity Commissioner Dhule And Others ...

Advocate for the Petitioner : Mr. Bhosle Pratik Arvind AGP for Respondent/State : Mr. M.K. Goyanka ...

CORAM : S. G. CHAPALGAONKAR, J.

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

Heard.

2.

Present petition takes exception to order dated 17.12.2025 passed by Assistant Charity Commissioner, Dhule below Exhibit-10 in Change Report No.630 of 2016, by which prayer to appoint Mr. Jagdish Mangaldas Bhavare as applicant/reporting trustee has been allowed.

3.

Mr. Bhosle, learned advocate appearing for petitioner would submit that initially, change report was filed by Mr. Ramesh Madhavrao Devre. As per said change report, Mr. Jagdish and others were newly appointed as trustee and change was reported to that effect. He would submit that in that case, permitting Mr. Jagdish to prosecute change report would amount to accepting his status as a trustee and that would amount to prejudging of proposed change. 4.

Having considered submissions advanced, it can be observed that Change Report No.630 of 2016 is filed by Ramesh Mujaheed//

949-wp-664-2026.odt (2) Madhavrao Devre. It states that on 24.07.2016, monthly meeting of trustees was called. In that meeting, three trustees have been newly appointed. One of them is Jagdish Mangaldas Bhavare. 5.

Later on, Mr. Ramesh/reporting trustee filed application before Assistant Charity Commissioner below Exhibit-10 contending that due to personal reasons, he is not in a position to prosecute change report and in his place, Mr. Jagdish/newly appointed trustee be permitted to act as reporting trustee. The Assistant Charity Commissioner allowed aforesaid prayers under impugned order. 6.

Although, learned advocate appearing for petitioner seriously objects to permit newly appointed trustee Mr. Jagdish to prosecute change report, he could not bring to notice of this Court any provision that prohibits a person from prosecuting change report, if he is newly appointed as trustee. Ultimately, it is the authority of Assistant Charity Commissioner either to accept change report or reject the same, considering the nature of appointment of newly trustees and record in respect of resolution passed in meeting. Only because newly appointed trustees is permitted to prosecute change report that would not prejudice any person interested in trust. 7.

In that view of the matter, no case is made out to involve writ jurisdiction of this Court or cause interference in impugned order. Hence, writ petition stands rejected.

(S.G. CHAPALGAONKAR, J.) Mujaheed//