Bombay High Court

SHRAWAN DIGAMBAR BENDALEversusTHE JOINT CHARITY COMMISSIONER NASHIK DIVISION AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition is not maintainable; the petitioner must avail the statutory appeal, and the petition is disposed.

Summary

The petitioner, Shrawan Digambar Bendale, filed a writ petition challenging an order passed by the Joint Charity Commissioner, Nashik Division, under Section 47 of the Maharashtra Public Trust Act, 1950. Respondents argued that the petitioner had an alternative remedy of filing an appeal against the order, and therefore the writ petition should not be entertained. The Court examined the contention and found merit in the argument that the statutory scheme provides a specific appeal mechanism. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to pursue the appeal. In addition, the pending civil application related to the same matter was also disposed of.

Issues considered

Whether a writ petition is maintainable when the statute provides an alternative remedy of appeal under Section 47 of the Maharashtra Public Trust Act, 1950.

Legislation cited

Maharashtra Public Trust Act, 1950 — s. 47

Subjects

Writ petition
Alternative remedy
Section 47
Maharashtra Public Trust Act
Appeal
Jurisdiction
Civil application

Judgment

2026:BHC-AUG:23797
                                            (1)                     960-wp-5492-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                WRIT PETITION NO. 5492 OF 2026

                              SHRAWAN DIGAMBAR BENDALE
                                           VERSUS
                 THE JOINT CHARITY COMMISSIONER NASHIK DIVISION
                                         AND OTHERS
                                               ...
               Mr. Mahesh Deshmukh (through V.C.) h/f Mr. Dadasaheb
               Raosaheb Adhav, Advocate for the Petitioner.
               Ms. P. V. Diggikar, AGP for Respondents-State.
               Mr. S. B. Yawalkar, Advocate for Respondent Nos.3 to 5.
                                               ...

                                           WITH
                             CIVIL APPLICATION NO. 5799 OF 2026
                                       IN WP/5492/2026

                                           CORAM : S. G. CHAPALGAONKAR, J.
                                           DATED : 17th JUNE, 2026.
               P.C.:-

               1.       Mr. Yawalkar, learned Advocate appearing for respondent

               nos.3 to 5 submits that order impugned is passed by Joint Charity

               Commissioner, Nashik in Enquiry No.74/2025 under Section 47 of

               Maharashtra Public Trust Act, 1950. The petitioner has alternate

               remedy to file Appeal.        Therefore, Writ Petition may not be

               entertained.


               2.       There is substance in contention of Mr. Yawalkar, learned

               Advocate.


               3.       In that view of matter, Writ Petition stands disposed of with

               liberty in favour of petitioner to avail remedy of Appeal against

               order impugned.
                             (2)                      960-wp-5492-2026.odt



4.      In view of disposal of Writ Petition, pending Civil Application

also stands disposed of.



                                       (S. G. CHAPALGAONKAR)
                                                JUDGE
Devendra/June-2026

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