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Bombay High Court

SHRAMSAFALYA EDUCATION SOCIETY AMALNER, JALGAONversusCHANDRAKANT BHANUDAS BHADANE AND ORS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed; the orders of the Joint Charity Commissioner are upheld.

Summary

Shramsafalya Education Society, a charitable trust, challenged two orders of the Joint Charity Commissioner under Section 41-D of the Bombay Public Trust Act: one allowing an amendment to the inquiry application after seven years, and another rejecting the trust’s request to recall an earlier order directing production of documents. The trust argued that the amendment was beyond the Commissioner’s power and that the production order was final because the trust had withdrawn a prior writ petition without reserving the right to re‑file. The Court held that the withdrawal of the earlier writ petition without liberty made the production order final and that the Commissioner lawfully exercised ancillary powers to permit amendment, which did not prejudice the trust. Consequently, the Court dismissed the writ petition and upheld the Commissioner’s orders.

Issues considered

  • Whether the order directing production of documents dated 07.12.2007 can be recalled after the petitioner withdrew the earlier writ petition without reserving a right to re‑file.
  • Whether the Joint Charity Commissioner has authority to allow amendment to an application under Section 41-D of the Bombay Public Trust Act after a delay of seven years.
  • Whether the principles of natural justice were violated in the issuance of the orders.

Legislation cited

Subjects

  • natural justice
  • amendment
  • public trust
  • Section 41-D
  • charitable trust mismanagement
  • jurisdiction
  • finality of orders
  • production of documents

Judgment

2026:BHC-AUG:37304



                                                                       53 WP No.8698.2014
                                                 -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               WRIT PETITION NO. 8698 OF 2014

               SHRAMSAFALYA EDUCATION SOCIETY, AMALNER, DIST-JALGAON
                                     VERSUS
                    CHANDRAKANT BHANUDAS BHADANE AND OTHERS
                                                 ***
              Advocate for the Petitioner : Mr. Ajay G. Talhar
              AGP for Respondents-State : Mr. P. D. Patil
              Advocate for Respondent No. 1 : Mr. Girish Rane

                                           ***
                                          WITH
                            CIVIL APPLICATION NO. 1456 OF 2026
                                     IN WP/4571/2008

                     SHRAMSAFALYA EDUCATION SOCIETY AMALNER, JALGAON
                                         VERSUS
                         CHANDRAKANT BHANUDAS BHADANE AND ORS

                                                 ***

                                 CORAM : SACHIN S. DESHMUKH, J.
                                    Date : 19th August, 2026

              ORDER :-


              1.            The petitioner has challenged the two separate orders

              rendered by the Joint Charity Commissioner, Nashik Division,

              Nashik in Inquiry Case No. 22/2005. The order under challenge is

              dated 03.01.2014, allowing the amendment application presented

              by respondent no. 1 to 3 to incorporate additional paragraph

              in     the   application   under   Section   41-D   of    the    Bombay

              Public TrustAct, 1950. As well as the order under challenge dated
                                                       53 WP No.8698.2014
                                  -2-

09.01.2014, rejecting the application presented by the petitioner -

Trust below Exhibit 40, seeking to recall an earlier order dated

07.12.2007 rendered below Exhibit 25.



2.          The respondent no. 1 was working as the Principal of

Ramai Sharirik Shikshan Shashtra Mahavidyalaya, a college run by

the petitioner Trust. Following a departmental inquiry initiated in

2004 thereafter, the services of respondent no. 1 were terminated

by the trust, which was endorsed by the College Tribunal in Appeal

No. NMU-06/2008 on 07.09.2010.



3.          The respondent no. 1 along with respondents no. 2 and

3 presented Inquiry Application No. 22/2005 before the Assistant

Charity Commissioner under Section 41-D of the Bombay Public

Trust Act, 1950, seeking initiation of action of removal against the

trustees. The respondent no. 1 presented an application below

Exhibit 25 for production of documents, which was allowed by the

Authority   allegedly   without   giving   the   petitioner   a   proper

opportunity to contest. Proceedings under Section 41-D of the Act

application was later dismissed by the Joint Charity Commissioner

on 12.06.2009, resulting the petitioner to withdraw a pending writ

petition against the order of production of 07.12.2007.
                                                     53 WP No.8698.2014
                                 -3-



4.         Thereafter, respondents No. 1 to 3 challenged the order

of dismissal dated 12.06.2009 before this Court in Writ Petition No.

7867/2011, which was disposed of on 28.11.2011, setting aside

the dismissal and relegating the parties to the Joint Charity

Commissioner to decide the application under Section 41-D afresh.



5.         After the remand, the petitioner presented application

below Exhibit 40 to recall the order dated 07.12.2007 below Exh.

25, containing direction of production of documents which suffered

rejection, whereas the respondents presented Exhibit 42 seeking to

amend the main application, which came to be allowed. These two

orders are under challenge.



6.         Mr. Talhar, the learned counsel for the petitioner Trust

submits that the orders under challenge are illegal since those are

rendered in derogation of the principles of natural justice. The

order directing the production of documents dated 07.12.2007 was

passed on the same day its copy was served on the petitioner's

advocate, depriving the petitioner - trust of an opportunity to offer

a reply or address arguments. The learned counsel for petitioner

further submits that the Joint Charity Commissioner erred in
                                                       53 WP No.8698.2014
                                     -4-

observing that the order had become final merely because the

earlier writ petition was withdrawn unconditionally.



7.          The learned counsel for petitioner further submitted

that there is no provision under Section 41-D of the Act

proceedings to permit amendments and allowing the changes after

a delay of seven years, as such, is impermissible. Therefore,

prayed to allow the writ petition.



8.          Mr. Rane, the learned counsel respondent No. 1

supports the orders under challenge submitting that the order of

production of documents dated 07.12.2007 attained finality while

the petitioner chose to withdraw Writ Petition No. 4571/2008

without seeking any liberty from this Court to raise the challenge

again at a later stage. Since this Court remanded the case for a

fresh hearing on the merits, the petitioner cannot circumvent order

directing to produce relevant records which has attained finality.


9.          The counsel further submits that the allowing the

amendment application below Exh. 42, does not alter the nature of

the case owing to the mismanagement of the charitable trust,

which is the basis for an inquiry under Section 41-D of the Act.

Hence, prayed to dismiss the petition.
                                                     53 WP No.8698.2014
                                 -5-



10.         The learned AGP supported the order under challenge

and prayed for dismissal of the petition.



11.         After considering the submissions of litigating sides and

perusing the material on record, the order dated 07.12.2007

directing to produce documents could be reviewed or recalled vide

Exhibit 40 cannot be accepted, since the petitioner having raised

challenge to the same before this Court and chose to withdraw the

petition unconditionally. Once a writ petition challenging an

interlocutory order is withdrawn without reserving any liberty to

challenge it afresh, attains finality. As such, the Joint Charity

Commissioner rightly observed lacking the jurisdiction in review of

an order that had effectively become final.



12.         Moreover, an inquiry under Section 41-D of the Bombay

Public Trust Act is an inquiry aimed at protecting the interest of

public trusts from mismanagement and the production of records is

a basic requirement to unearth the truth. It is a well-settled

principle of law that authorities exercising quasi-judicial powers

possess the ancillary power to allow amendments to ensure all

relevant facts are before the court.
                                                        53 WP No.8698.2014
                                    -6-



13.           In any case, the proposed change sought to be

incorporated do not change the nature of the application; merely

provides additional particulars of alleged mismanagement and

adverse reports during the trustees' tenure. The petitioner retains a

full and fair opportunity to present a supplementary reply and lead

evidence to rebut the added grounds during the inquiry. As such,

there is no prejudice to the petitioner.



14.           In view of the above, the learned Joint Charity

Commissioner has rightly exercised the jurisdiction while rendering

the orders under challenge. There is no error or illegality that

warrants consideration.



15.           Consequently, Writ Petition is dismissed. No order as

to costs.



16.           Resultantly, pending civil applications, if any, also stand

disposed of.


                                          (SACHIN S. DESHMUKH, J.)

Omkar Joshi


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