Shri. Krishnlal Ayaram Sahni v. Assistant Charity Commissioner-Ii, Nagpur And ORS.

2026:BHC-NAG:6384 1 4-WP-461-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.461 OF 2026 Krishanlal A. Sahni Vs. Assistant Charity Commissioner-II, Nagpur & Ors. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Kartik Shukul a/w. Mr. Gaurav Khatwani, Advocate for the Petitioner. Ms. S.V. Kolhe, AGP for the Respondent No.1/State. Mr. K.R. Jain, Advocate for Respondent No.3.

Mr. Omkar Deshpande, Advocate for Respondent Nos.2, 4 to 12 and 14 to 20. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 21 st APRIL, 1.

Heard learned counsel for petitioner as well as learned counsels for respondents.

2.

Learned counsel for the petitioner submits that certain intervening events have occurred during the pendency of the petition, in that elections are held and the respondents have filed the change report proceedings before the Assistant Charity Commissioner, Nagpur in which the petitioner has filed an application for intervention under Section 73-A of the Bombay Public Trusts Act, 1950 (for short "the Act").

3.

It has to be noted that while issuing notices in this petition by order dated 17.01.2026, it was observed that the elections of the respondent No.14-Trust shall be subject to result of separate proceedings under Section 41A of the Act, which was filed by the petitioner and are pending before the respondent No.1. There is no dispute that those proceedings are pending as on today.

4.

Learned counsel for respondent Nos.2, 4 to 12 and 14 to 20 does not dispute the fact that the intervening

2 4-WP-461-2026.odt events as mentioned above have occurred and the intervention application filed by the petitioner is pending before the Assistant Charity Commissioner, Nagpur. 5.

In view of this, subject to the result of proceedings under Section 41A of the Act, the petitioner is at liberty to prosecute the application for intervention before the respondent No.1. As the challenge in the instant petition was to the conduct the elections, the grievance in the petition does not survive and the writ petition is disposed of.

6.

Having regard to the controversy involved, the Assistant Charity Commissioner, Nagpur is directed to expeditiously decide the proceedings under Section 41A of the Act, filed by the petitioner bearing No.554/2025 and so also the proceedings of Change Report expeditiously, preferably within a period of six months from today. 7.

In view of the fact that by an interim order dated 26.03.2026, it was directed that no major policy decision affecting the issues raised in this petition be taken by the newly elected body, it is directed that this interim order shall operate for a period of fifteen days from the date of uploading of this order.

8.

Accordingly, no further orders are required to be passed.

The writ petition is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J . ) Privel