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Bombay High Court

ANNASAHEB MAHADA MAHARNAWAR AND ANRversusTHE JOINT CHARITY COMMISSIONER AND ORS.

Disposal
DISPOSED OFF

Holding

The order appointing the appellants as trustees is quashed and set aside; the application must be decided afresh with a hearing to all parties.

Summary

The appeal challenges a June 2025 order of the Joint Charity Commissioner, Pune, who, under Section 47 of the Maharashtra Public Trusts Act, appointed the appellants as trustees of Shri Nageshwar Devasthan after finding the original trustees either deceased or too infirm. The Commissioner relied on an inspector’s report that omitted pending Change Reports (Nos. 1519 of 2018 and 646 of 2023) and ignored the appellants’ failure to produce documents, and proceeded without hearing the parties. The appellants argued that the order was passed without notice, ignored pending change reports, and contravened procedural fairness. The Court held that the Commissioner’s order was legally untenable, quashed it, and directed a fresh determination with an opportunity of hearing to all concerned trustees. Consequently, the application under Section 47 must be reheard before 31 December 2026.

Issues considered

  • Whether the Joint Charity Commissioner could validly appoint new trustees without affording a hearing to the existing or prospective trustees.
  • Whether the presence of pending Change Reports (Nos. 1519/2018 and 646/2023) precludes the appointment of the appellants as trustees.
  • Whether the order passed under Section 47 of the Maharashtra Public Trusts Act is sustainable in view of procedural irregularities.

Legislation cited

Subjects

  • public trust
  • trusteeship
  • Maharashtra Public Trusts Act
  • Joint Charity Commissioner
  • procedural fairness
  • hearing
  • change report
  • quash order

Judgment

2026:BHC-AUG:43452


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD


                          907 FIRST APPEAL NO. 858 OF 2026

           1. Annasaheb Mahada Maharnawar,
           2. Rama Bansi Shinde.

           VERSUS

           1. The Joint Charity Commissioner, Pune.
           2. Shri Pandharinath Ramchandra Gaikwad,
           3. Baban Yashwant Maharnawar (Deleted),
           4. Devidas Tulshiram Shinde,
           5. Dadabhau Parbati Raikar,
           6. Manohar Eknath Shahane,
           7. Sambhaji Nanabhau Bedre,
           8. Raosaheb Dagadu maharnawar,
           9. Raosaheb Baburao Shinde.

                                              ...
           Advocate for Applicant : Mr. More Abhijit S.
           AGP for Respondents-State: Ms. R. R. Tandale
           Advocate for Respondents No.2, 4 to 9 : Mr. P. P. More and Mr. Kedar A.
           Pathade
                                              ...

                                          WITH
                         CIVIL APPLICATION NO. 12107 OF 2025
                                     IN FA/858/2026
                                           ...

                               CORAM      : ROHIT W. JOSHI, J.
                               Dated      : September 23, 2026

           ORAL ORDER :

           1.    The present appeal is filed to challenge the judgment and order

           dated 24/06/2025 passed by the learned Joint Charity Commissioner,

           Pune Region, Pune, in an application filed under Section 47 of the

           Maharashtra Public Trusts Act, 1950 (hereinafter referred to as “the

           MPT Act” for brevity), which was registered as Appeal No.21 of 2018.

                                           Page 1 of 7
                                                                      907 CA 12107-2025




2.    Initially,   the   said   application       was   filed   by   the present

respondent Nos.1 to 3. Subsequently, respondent Nos.4 to 9 were

joined as applicants.



3.    The proceedings were initiated in relation to a religious public

trust namely, Shri Nageshwar Devasthan, bearing PTR Registration

No.A-727 (Ahmednagar).



4.    The contention of the present respondents, who were the

original applicants, is that there were five founder trustees of the

said Trust, out of whom three had expired and the remaining two

trustees, who were arraigned as non-applicants, were very old and

infirm and, as such, could not take care of the affairs of the Trust.

The respondents, therefore, prayed that they be appointed as

trustees for a short period of time and that they be permitted to file

a scheme as contemplated under Section 50-A of the Maharashtra

Public Trusts Act.



5.    The learned Joint Charity Commissioner has allowed the said

application. Perusal of the judgment and order would demonstrate

that the learned Joint Charity Commissioner had directed the

Inspector of Public Trusts to conduct an inquiry into the matter and

furnish a report. The Inspector accordingly submitted his report

                                    Page 2 of 7
                                                          907 CA 12107-2025



dated 28/12/2020.



6.   In his report, the Inspector has stated that audit reports of the

Trust were not filed with the office after 31/03/2011. He has also

stated that Change Report No.1519 of 2018 with respect to election

of trustees was pending before the learned Assistant Charity

Commissioner.



7.   The report also states that, despite repeated notices issued to

the present respondents, who were the original applicants, they did

not provide the relevant documents as called for by the Inspector for

the purpose of conducting the inquiry.



8.   The learned Joint Charity Commissioner has recorded that

since three out of the five trustees had expired and the remaining

two trustees were not in a position to manage the affairs of the Trust

due to their old age, it had become necessary to appoint the

applicants as trustees to manage the affairs of the Trust. The learned

Joint Charity Commissioner has also recorded that the original

applicants were residents of the locality in which the temple is

situated and were managing the affairs of the Trust responsibly.



9.   Learned Advocate for the appellants submits that although the

Inspector has, in his report, categorically stated that Change Report

                               Page 3 of 7
                                                          907 CA 12107-2025



No.1519 of 2018 was pending with respect to election of trustees,

the learned Joint Charity Commissioner has recorded that there were

no legal or active trustees remaining to look after the affairs of the

Trust as per the inspection report.



10.   The learned Advocate contends that the said observation is

absolutely contrary to the contents of the inspection report.         He

further submits that another Change Report bearing No.646 of 2023

has also been filed by the appellants, in which the present

respondent Nos.2, 7 and 9 have lodged their objections. The learned

Advocate, therefore, submits that respondent Nos.2, 7 and 9 were

aware about the pending change reports and yet the said fact was

not brought to the notice of the learned Joint Charity Commissioner.



11.   It is further contended that directions to file a scheme

application have also been issued without noticing the fact that such

an application had already been filed by the appellants, being

Application No.48/50A/2023.



12.   The learned Advocate contends that the present appellants are

looking after the affairs of the Trust properly and, as such, the

proceedings ought not to have been decided without notice and

opportunity of hearing to them.



                                  Page 4 of 7
                                                             907 CA 12107-2025



13.   Learned Advocate for the respondents supports the judgment

and order impugned in the appeal.             His contention is that the

appointment of the respondents as trustees is only by way of a

stopgap arrangement and, once the scheme is framed, the regular

body of trustees will assume charge of the affairs of the Trust.



14.   He contends that the allegations with respect to suppression of

facts are irrelevant, because the application under Section 47 of the

MPT Act was filed on 27/06/2018 and Change Report No.1519 of

2018 was filed subsequently on 18/09/2018.



15.   The foundation of the impugned order is that there was no

active trustee to manage the affairs of the Trust. It is also recorded

that there were no pending change reports with respect to the

trustees of the Trust. The impugned order is predominantly passed

on this ground.



16.   In view of the aforesaid, it is apparent that respondent Nos.2, 7

and 9 were aware about the pending Change Report No.646 of 2023

and yet this fact was not brought to the notice of the learned Joint

Charity Commissioner.



17.   The learned Joint Charity Commissioner has also not adverted

to Clause 5 of the report furnished by the Inspector, which merely

                                Page 5 of 7
                                                                  907 CA 12107-2025



states that Change Report No.1519 of 2018 was pending before the

learned Assistant Charity Commissioner.



18.   In view of the aforesaid, in the considered opinion of this Court,

the impugned order cannot be sustained and is liable to be quashed

and set aside.



19.   It would be expedient to direct the learned Joint Charity

Commissioner to decide the application filed under Section 47 of the

MPT Act afresh by affording an opportunity of hearing to the present

appellants and the persons whose names are included as elected

trustees in Change Report Nos.1519 of 2018 and 646 of 2023.



20.   In the result, the following order is passed:

            (i)    The judgment and order dated 24/06/2025 passed
            by the learned Joint Charity Commissioner, Pune Region,
            Pune, in Appeal No.21 of 2018 in relation to Shri
            Nageshwar Devasthan, PTR No.A-727 (Ahmednagar) is
            quashed and set aside.



            (ii)   The   learned     Joint       Charity   Commissioner     shall
            decide the application afresh by affording an opportunity
            of hearing to the present appellants and all persons
            whose names are included as elected trustees in Change
            Report Nos.1519 of 2018 and 646 of 2023.



                                   Page 6 of 7
                                                                    907 CA 12107-2025



               (iii)   The present appellants shall communicate the
               present order to the other persons whose names are
               included as elected trustees in the aforesaid change
               reports and ensure that they remain present before the
               learned Joint Charity Commissioner, without formal
               notices being issued.

               (iv)    The parties to appear before the learned Joint
               Charity Commissioner on 12/10/2026. Separate notices
               for appearance shall not be issued.

               (v)     The   learned       Joint     Charity   Commissioner       is
               requested to decide the application as expeditiously as
               possible and preferably before 31st December 2026.

               Pending application stands disposed of.



                                                         ( ROHIT W. JOSHI, J. )




vj gawade/-.




                                       Page 7 of 7


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