Bombay High Court

BRAJENDRA KUMAR CHOUBEYversusTHE STATE OF MAHARASHTRA THRU G P AND ORS

Decided: 7 September 2026
Disposal: Disposed Off

Holding

The Court may not impose an unduly short deadline but can direct the Assistant Charity Commissioner to decide the pending Change Reports as expeditiously as possible, preferably within one year.

Summary

The petitioner, Brajendra Kumar Choubey, filed a writ petition seeking an expeditious hearing and disposal of Change Reports filed before the Assistant Charity Commissioner concerning Respondent No.4 Trust, covering changes from 2008 to 2023. The petitioner requested that the Commissioner decide the pending reports within three months. The Court noted the large pendency of cases before the Commissioner and held that imposing such a short deadline would be inappropriate. However, the Court emphasized the need for speedy resolution and directed the Commissioner to hear and decide the reports as expeditiously as possible. The petition was disposed with a direction that the Commissioner should aim to complete the adjudication within one year of the order.

Issues considered

Whether the High Court can impose a specific time‑frame for the Assistant Charity Commissioner to decide pending Change Reports.
Whether a three‑month deadline is appropriate given the existing pendency of cases before the Commissioner.

Subjects

Charity law
Writ petition
Administrative law
Expeditious hearing
Change Reports
High Court direction

Judgment

2026:BHC-AS:36705

                                                                           21 wp10312 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.10312 OF 2026

            Brajendra Kumar Choubey                              ...   Petitioner
                  versus
            The State of Maharashtra and Ors.                    …     Respondents

            Mr. Prakash Ambedkar with Mr. Sandesh More, Mr. Hitendra Gandhi, for
            Petitioner.
            Ms. M.S.Srivastava, AGP for State.
            Mr. Ajay Gaikwad with Mr. Akash Sawle, for Respondent No.4.

                                CORAM:       N.J.JAMADAR, J.

                                DATE :       7 SEPTEMBER 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      A limited prayer in the Petition is for expeditious hearing and disposal of

            Change Reports filed before the Assistant Charity Commissioner in relation to

            Respondent No.4 Trust.

            3.      Learned Counsel for the Petitioner submitted that the Change Reports

            pertaining to the Changes that have purportedly taken place during the period

            2008 to 2023 are awaiting adjudication.       Learned Counsel further submitted

            that, the Assistant Charity Commissioner may be directed to decide the

            Change Reports within a period of three months from today.

            4.      This Court, having regard to the large pendency of the cases before the

            Assistant Charity Commissioner, does not consider it appropriate to direct



            SSP                                                                     1/2
                                                                                   21 wp10312 of 2026.doc

                      such a short time frame. Nonetheless, it is necessary to request the learned

                      Assistant Charity Commissioner to decide the Change Reports, as

                      expeditiously as possible.

                      5.       The Writ Petition stands disposed with a request to the learned Charity

                      Commissioner seized with the Change Reports in respect of Respondent

                      No.4 Trust to hear and decide the same, as expeditiously as possible and

                      preferably within a period of one year from the date of communication of this

                      order.




                                                                         ( N.J.JAMADAR, J. )




                      SSP                                                                 2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 07/09/2026 19:27:59

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