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Bombay High Court

VIRBHADRA TEMPLE SHAHA DONGAR THR ITS TRUSTEE ASHOK BHIKAJI KATKARversusTHE ASSISTANT CHARITY COMMISSIONER

Disposal
DISPOSED OFF

Holding

The Court held that it will not direct the Assistant Charity Commissioner to decide the change report within a stipulated time due to the lack of precise pendency data, and the petition is disposed.

Summary

The petitioner, Virbhadra Temple Shaha Dongar, through its trustee Ashok Bhikaji Katkar, filed a writ petition against the Assistant Charity Commissioner seeking a direction to decide Change Report No. 741 of 2024 within a stipulated time. The petitioner argued that the delay in deciding the change report was prejudicial to its interests. The Court examined whether it could compel the Commissioner to adhere to a specific timeline in the absence of concrete data on the pendency of such reports. Noting that there was no exact information on the backlog or pendency of change reports, the Court declined to issue a mandatory time‑bound direction. Instead, the Court directed the Commissioner to decide the report in due course, according to its turn. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can direct the Assistant Charity Commissioner to decide Change Report No. 741 of 2024 within a stipulated time despite lack of data on pendency
  • Whether the absence of exact pendency data justifies refusal to impose a time‑bound order

Subjects

  • Charity Law
  • Change Report
  • Writ Petition
  • Procedural Delay
  • Court Direction

Judgment

2026:BHC-AUG:41453-DB


                                                   {1}                   25-wp-11923-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     25 WRIT PETITION NO. 11923 OF 2026

                Virbhadra Temple Shaha Dongar Through Its Trustee Ashok Bhikaji
                                               Katkar
                                              VERSUS
                                The Assistant Charity Commissioner
                                                  ...
              Mr. A.S. Savale, Advocate for the Petitioner
              Mr. M.K. Goyanka, AGP for State
                                                .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                  ABASAHEB D. SHINDE, JJ.


                                             DATE : 08th SEPTEMBER, 2026
              PER COURT :

              1.       Since we do not have exact data of pendency of change reports,

              we are not inclined to direct Respondent to decide Change Report No.

              741 of 2024 within stipulated time.

              2.       Respondent shall decide the change report as per its turn.

              3.       Writ Petition is accordingly disposed of.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)




              Bhagyawant Punde


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