Fn Social Education v. Joint Charity Comissioner And ORS

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4288 OF 2026 FN Social Education

...Petitioner

Versus

Joint Charity Comissioner And Ors

...Respondents

Mr. Malhar Zatakia, i/b Shantanu Shetty, for the Petitioner. Smt. S. S. Jadhav, AGP for the State.

CORAM:

N. J. JAMADAR, J.

DATED:

6th APRIL, 2026 Oral Order:- 1.

Heard the learned Counsel for the petitioner and the learned AGP for the State - respondent Nos.1 and 2. 2.

The challenge in this petition is to an order dated 25th February, 2026 passed by the Joint Charity Commissioner, SANTOSH SUBHASH KULKARNI Pune, whereby Appeal No.143/2022 which assailed the legality, SANTOSH SUBHASH KULKARNI Date: 2026.04.08 09:44:57 +0530 propriety, and correctness of an order passed by the Deputy Charity Commissioner, in Change Report No.1193/1997 dated 4th March, 2000 was dismissed by the learned Joint Charity Commissioner for having been filed beyond the period of limitation.

3.

The learned Counsel for the petitioner submitted that the impugned order came to be passed by the Joint Charity 1/3

Commissioner completely ignoring the fact that, by an order dated 6th May, 2024 in Misc. Application No.87/2021, the learned Joint Charity Commissioner has condoned the delay in preferring an appeal by a reasoned order. Attention of the Court was invited to the order dated 6th May, 2024. 4.

The Court finds that the learned Joint Charity Commissioner had indeed condoned the delay of 21 years in preferring the appeal against the order dated 4th March, 2000 passed by the Deputy Charity Commissioner in Change Report No.1113/1996. The impugned order has been passed without adverting to the said order. Since none was present when the order was passed, it seems the learned Joint Charity Commissioner did not have the benefit of the assistance which could have been rendered by pointing out the fact that the delay had already been condoned. In these circumstances, since the Joint Charity Commissioner has passed the impugned order completely oblivious of the order condoning the delay, there is no need to issue notice to the private respondents. 5.

The petition, thus, stands allowed.

6.

The impugned order stands quashed and set aside. 7.

Appeal No.143/2022 stands restored to the file of the learned Joint Charity Commissioner.

2/3

8.

All concerned to act on an authenticated copy of this order.

[N. J. JAMADAR, J.] 3/3