Shri Vijay Mohata And ORS v. Shri Girdhar Govinddas Rathi And ORS

917 wp 4376.26.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4376 OF 2026 Mr. Vijay Mohata and ors.Vs. Shri Girdhar Govindrao Rathi and ors. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Mahesh Dhandekar, Advocate for the petitioner. Mr. P. Thakre, Advocate for respondent No.1.

Ms Deepa Charlewar, AGP for the State.

CORAM : RAJ D. WAKODE, J.

DATE : 29.05.2026 (1) Mr. Abhyankar, learned counsel submits that he shall be discharged in view of the fact that he has appeared for respondent No.1 in earlier proceedings. Mr. Mahesh Dhandekar, learned counsel for the petitioners informs this Court that the petitioners have engaged him to appear on their behalf. Accordingly, Mr. Abhyankar, learned counsel is discharged on behalf of petitioners.

(2) Mr. Thakre, learned counsel appears for respondent No.1.

(3) Learned counsel for the petitioners fairly submits that the petitioners had approached this Court seeking challenge to the impugned judgment dated 23.04.2026 passed in application No.309/2022 under Section 41-A of the Maharashtra Public Trust Act, 1950. By virtue of the aforesaid impugned judgment, learned Assistant Charity Commissioner Wardha has directed the elections to

917 wp 4376.26.odt..odt be conducted and permitted the elected newly executive committee to file change report within stipulated time as per rules.

(4) Learned counsel for the petitioners submits that as on today recorded trustees of Scheduled-1 have conducted the elections as per directions of Assistant Charity Commissioner, Wardha. So also newly elected executive committee has filed change report before Assistant Charity Commissioner, Wardha.

(5) In that view of the matter, the petitioners have remedy of challenging the aforesaid change report by filing objection before the Assistant Charity Commissioner, Wardha. The petitioners shall accordingly, adopt the aforesaid recourse. While doing so, the petitioners shall be withdrawing the present writ petition.

(6) In that view of the matter, list writ petition on 09.06.2026 for further consideration.

(7) In the meantime, learned counsel for the petitioners submits that they shall be at liberty to file objection to the change report which is filed by newly elected executive committee before Assistant Charity Commissioner. (RAJ D.WAKODE, J.) Manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 30/05/2026 17:07:26