Dharmaji Girajappa Sonkawade v. Walandi Bahu Uddeshiya Shikshan Prasarak Mandal Wlandi Through Its Secretary And Others
2026:BHC-AUG:10745-DB 1 902-CA-3016-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 3016 OF 2026 IN WP/1006/2023 DHARMAJI GIRAJAPPA SONKAWADE
VERSUS
WALANDI BAHU UDDESHIYA SHIKSHAN PRASARAK MANDAL WALANDI, THROUGH ITS SECRETARY AND OTHERS .....
Mr. Narendra D. Sonavane, Advocate for Applicant Mrs. V. S. Chaudhari, AGP for Respondents/State Mr. A.V. Indrale Patil, Advocate for Respondents .....
CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ.
DATE : 12th MARCH, 2026 PER COURT :
1.
Heard.
2.
The applicant seeks recall of the order dated 10/11/2025, passed by this Court in Writ Petition No.1006/2023 and Civil Application No.8708/2024.
3.
It is the case of applicant that this Court disposed of the writ petition observing that 'since there was dispute between the Management and it was uncertain as to in whose control the affairs of the school was, pursuant to the order passed by this Court the Education Officer appointed Administrator for Management of the affairs of the school. It was informed by learned advocate for petitioner that there is no dispute existed any longer, since one of
2 902-CA-3016-26.odt the warring factions (then President) has passed away and in exercise of powers under Section 22A of the Maharashtra Public Trust Act, the Assistant Charity Commissioner has accepted the Change Report provisionally'. Thereafter it is observed that 'the order of acceptance of change report provisionally, was restored by this Court'. In the changed scenario, this Court directed that 'the Director of Education shall have a re-look of the matter and decide the petitioner's claim for handing over petitioner the Management of the School'. It is further directed that 'the Director of Education shall decide the petitioner's claim on it's own merits within a period of four weeks from the date of receipt of copy of this order'. 4.
Learned advocate for applicant points out that the order passed by Assistant Charity Commissioner accepting the change report is no more holding the field, as it was set aside by the Joint Charity Commissioner vide order dated 17/06/2025 passed in Revision No.85/2024. He submits that this fact was not brought to the notice of this Court when the order dated 10/11/2025 is passed. He further points out that the Director of Education by order dated 05/12/2025 has continued appointment of the Administrator on Rashtriya Vidyalaya, Takali for a period of one year, as the Change Inquiry No.326/2024 is pending for final arguments. 5.
Learned advocate for original petitioner submits that he was not instructed that the said decision is rendered in the revision. Therefore, he could not bring it to the notice of this Court.
3 902-CA-3016-26.odt 6.
Be that as it may. Since the Director of Education has already passed order thereby continuing appointment of Administrator for one year, we do not find it necessary to recall the order dated 10/11/2025. The civil application is, therefore, disposed of by clarifying that in case the continuation of appointment of Administrator is being considered, the applicant and original petitioner shall be heard.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)