Anjum Fatema Abdullah Khadari v. Habibur Raheman Mohammad Pasha And ORS

2026:BHC-AUG:20392-DB 1 48 WP 4160-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 WRIT PETITION NO. 4160 OF 2026 ANJUM FATEMA ABDULLAH KHADARI

VERSUS

HABIBUR RAHEMAN MOHAMMAD PASHA AND OTHERS ...

Mr. Santosh S. Jadhavar - Advocate for Petitioner ...

CORAM

: S. G. CHAPALGAONKAR, J.

DATE :

20.04.2026 PER COURT :

1.

Heard learned Counsel - Mr. S.S. Jadhavar for petitioner. 2.

The petitioner seeks to challenge order dated 09.03.2026 passed below application Exhibit-3 by Joint Charity Commissioner, Latur Region, Latur in Appeal No.32 of 2025 whereby petitioner's prayer to stay findings recorded by Deputy Charity Commissioner in his judgment and order dated 06.03.2025 is rejected.

3.

The sum and substance of petitioner's contention is that, in common judgment and order dated 06.03.2025 in C.R. Inquiry Nos.171 and 180 of 2012, issue No.3 regarding membership of petitioner has been decided. The Issue No.3, reads thus :

"[3] Do the Reporting trustee in Inq. No. 180/2012 prove that the enrollment of 90 new members of the trust

2 48 WP 4160-2026.odt in the year 2006 as legal and valid ?"

The said issue has been answered in the negative. According to petitioner, as of today, due to finding on issue No.3, recognition of 90 (Ninety) members of trust stands adversely affected. 4.

It is further submitted that there are many other proceedings wherein issue of petitioner's membership is directly or indirectly involved. Petitioner contends that in change report proceedings relating to the elections, provisional acceptance orders have been passed. In that view of the matter, it is imperative to stay impugned finding recorded by Deputy Charity Commissioner vide common order dated 06.03.2025. 5.

In light of aforesaid submissions, this Court finds that at this stage, petitioner's contention seeking stay to findings recorded by Deputy Charity Commissioner against issue No.3 in common judgment dated 06.03.2025 cannot be accepted. However, it would be in the interest of parties if pending Appeal No.32 of 2025 is decided by Joint Charity Commissioner expeditiously.

6.

Hence, without entering into the merits of contentions, writ petition is disposed of.

7.

Learned Joint Charity Commissioner, Latur shall endeavor to decide pending Appeal No.32 of 2025 as expeditiously as possible, preferably within a period of three (3) months from today.

3 48 WP 4160-2026.odt 8.

Pending Civil Applications, if any, also stand disposed of. [ S. G. CHAPALGAONKAR ] JUDGE Pooja Kale/