Bombay High Court
SAURAV SHARMAversusRAJESH MEHTA
- Decided
- Disposal
- Disposed Off
Holding
The petition is allowed, directing the Joint Charity Commissioner to decide Application No.10 of 2026 within four months, with the earlier relief deemed redundant.
Summary
The petitioner, a former trustee of the Lilavati Kirtilal Mehta Medical Trust, filed a writ petition under Article 226 seeking mandamus to compel the Joint Charity Commissioner to pass orders under Sections 41D(2)(a), (b) and (c) of the Maharashtra Public Trusts Act, 1950, and to decide Application No.10 of 2026 within a stipulated time. The Court noted that an earlier order dated 6 March 2026 had already directed the Commissioner to hear the petition and related applications, rendering the first prayer redundant. Consequently, the Court limited its relief to directing the Commissioner to decide Application No.10 of 2026 within four months and ordered cooperation from all parties. The petition was allowed in these terms, and all listed interim applications were disposed of. The judgment emphasizes procedural compliance under the Trusts Act and the Court’s supervisory jurisdiction under Article 226.
Issues considered
- Whether the petition for mandamus is maintainable after the prior order of 6 March 2026.
- Whether the Court can direct the Joint Charity Commissioner to decide Application No.10 of 2026 within a specific time frame.
- Interpretation of Section 41D(2)(a) of the Maharashtra Public Trusts Act, 1950 in the context of the relief sought.
Legislation cited
- Constitution of India — s. Article 226
- Maharashtra Public Trusts Act, 1950 — s. 41D(2)(a), 41D(2)(b), 41D(2)(c)
Subjects
- Mandamus
- Maharashtra Public Trusts Act
- Section 41D
- Joint Charity Commissioner
- Writ petition
- Article 226
- Trust law
- Interim applications
Judgment
sns 57-wp-7859-2026+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7859 OF 2026
Rajesh Mehta … Petitioner
V/s.
The Joint Charity Commissioner & Ors. … Respondents
WITH
INTERIM APPLICATION NO.6358 OF 2026
WITH
INTERIM APPLICATION NO.7503 OF 2026
WITH
INTERIM APPLICATION NO.7504 OF 2026
WITH
INTERIM APPLICATION NO.5566 OF 2026
WITH
INTERIM APPLICATION NO.5740 OF 2026
WITH
INTERIM APPLICATION NO.5592 OF 2026
WITH
INTERIM APPLICATION NO.5593 OF 2026
WITH
INTERIM APPLICATION NO.5742 OF 2026
WITH
INTERIM APPLICATION NO.5741 OF 2026
Mr. Ragherth Basant a/w. Adv. Aditya N. Raut, Adv. Utsav Trivedi, Adv.
Richa P. i/by Desai Desai Carrinjee & Mulla LLP for the Petitioner.
Adv. O. A. Chandurkar, Addl. GP, Adv. Gauri Raghuvanshi, AGP for the
Respondent-State.
Mr. Ashish Kamat, Senior Advocate a/w. Adv. Rashmin Khandekar, Adv.
Dikshat Mehra, Adv. Devesh Juvekar, Adv. Mithilesh Chalke, Adv. Honey C.,
Adv. Rima Desai, Adv. Minal C., Adv. Monish Bhatia i/by Rajani Associates
for the Respondent No.2 and for the Applicant in IA/5592/2026.
Digitally
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signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.10.05
15:10:32
+0530
sns 57-wp-7859-2026+.doc
Mr. Gaurav Joshi, Senior Advocate a/w. Adv. Piyush Raheja, Adv. Ameet
Naik, Adv. Madhu Gadodia, Adv. Vivek Dwivedi, Adv. Vinita Dandekar, Adv.
Aryan Garg i/by Naik Naik & Co, for Respondent No.3 and for
Applicant IA/6358/2026.
Mr. Chanakya Keswani, Adv. Tanmay Bhave, Adv. Minhas Joshi, Adv. Aditi
Singh i/by Economic Law Practice for the Applicant in IA/5566 of 2026.
Mr. Abhay Dhadiwal a/w. Adv. Monish Bhatia, Adv. Vidhi Karia, Adv. Prithvi
Sawla i/by Jayakar & Partners for Respondent No.5.
Mr. Nimay Dave a/w. Adv. Dikshat M. a/w. Adv. Mithilesh C., Adv. Honey
Chandnani for the Applicant in IA/5993/2026.
Mr. Rishikesh Soni a/w. Adv. Chanakya Keswani, Adv. Tanmay Bhave, Adv.
Minhas Joshi, Adv. Aditi Singh i/by Ecnomic Laws Practice for the Applicant
in IA/5742/2026, IA/5740/2026, IA/7542/2026.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th September, 2026.
P.C.:-
1) By this Petition under Article 226 of the Constitution of India,
the Petitioner, the former Trustee of Lilavati Kirtilal Mehta Medical Trust is
seeking the following substantive reliefs:
“a) Issue a writ of mandamus or any other appropriate writ,
order directing Respondent No. 1 – the Learned Joint Charity
Commissioner, Mumbai -pass an order under S. 41D(2)(a)
within a period of 1 week from the date of this Hon’ble Court’s
order;
b) Issue a writ of mandamus or any other appropriate writ,
order or direction directing Respondent No.1 – the Learned
Joint Charity Commissioner, Mumbai, to complete the further
steps contemplated under Sections 41D(2)(b) and 41D(2)(c)
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of the Maharashtra Public Trusts Act, 1950, within a period of
thirty days thereafter;
c) Issue a writ of mandamus or any other appropriate writ,
order or direction directing Respondent No.1 – the Learned
Joint Charity Commissioner, Mumbai – to hear and finally
decide Application No.10 of 2026 filed under Section 41D of
the Maharashtra Public Trusts Act, 1950, within a period of
two months;
d) Pass such further and other consequential directions as
may be necessary to give full and meaningful effect to the
order dated 06.03.2026 passed by this Hon’ble Court in Writ
Petition Nos.2909 of 2026 and 2913 of 2026”
2) Heard Mr. Basant, learned Advocate for the Petitioner, Mr.
Chandurkar, learned Addl. GP for the Respondent-State, Mr. Kamat, learned
senior counsel for Respondent No.2, Mr. Joshi, learned senior counsel for
Respondent No.3, Mr. Dhadiwal, learned Advocate for Respondent No.5
3) By an Order dated 6th March 2026 this Court passed the
following order. Paragraph Nos.1, 2 and 3 thereof reads as under:
“1. The learned Senior Advocates along with the learned
Advocates for all the parties appearing before us, are united in
submitting that this Court can pass the following order :
The Joint Charity Commissioner will hear the
present Petitioners before us, as well as all the
Applicants and Non-Applicants, on Applications
[Exhibit Nos.8, 12 and 15], in Application No.10
of 2026, on merits, maintainability and
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jurisdiction, before deciding whether a prima
facie case is made out for issuing notice under
Section 41D(2)(a) of the Maharashtra Public
Trust Act.
2. Since all the parties are agreeable to the above, both
these Petitions are disposed off in terms of the above portion
set out in italics.
3. We expect all the parties before the learned Joint Charity
Commissioner to maintain the dignity and decorum of his
office and to address him as per their serial numbers in the
array of Applicants and Non-Applicants, one after the other.
Two or more parties shall not address him at the same time,
and none of the parties would interject or argue with each
other, when a particular party is addressing the Authority as
per its turn.”
4) Notably an Application is filed by the Petitioner under Section
41D of the Maharashtra Public Trusts Act, 1950 (‘Trust Act’) before the
learned Joint Charity Commissioner, Mumbai and the matter is sub judice.
5) In our view, on account of relief having been granted as
particularly stated in paragraph No.1 of Order dated 6 th March 2026, prayer
clause (a) of the present Petition has become redundant. The subsequent
prayers clauses (b), (c) and (d) which are consequential, need not be even
considered.
6) However, at the earnest request of the Mr. Basant learned
Senior Counsel for the Petitioner, we direct the Joint Charity Commissioner
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seized of Application No.10 of 2026 (filed under Section 41D of the Trusts
Act) to decide the same within a period of four months from the date of
receipt of present Order.
7) We request all the parties appearing before the learned Joint
Charity Commissioner to co-operate with him to decide the said Application
expeditiously.
8) The Petition is allowed in the aforesaid terms.
9) In view of disposal of Petition, Interim Application No.6358 of
2026, Interim Application No.7503 of 2026, Interim Application No.7504 of
2026, Interim Application No.5566 of 2026, Interim Application No.5740 of
2026, Interim Application No.5592 of 2026, Interim Application No.5593 of
2026, Interim Application No.5742 of 2026 and Interim Application
No.5741 of 2026, do not survive and accordingly stand disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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