Bombay High Court

MR. RAEES AHMEDversusTHE ASSISTANT CHARITY, COMMISSIONER, MUMBAI REGION, MUMBAI AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition is dismissed as infructuous due to the lapse of time and lack of further instructions.

Summary

The petitioner, Shabnoor Ayub, filed a writ petition challenging an order of the Charity Commissioner that required him to obtain a No Objection Certificate (NOC) from the legal heirs of Shaheed Karkare for the registration of his trust. The petition was originally filed in 2012 but was only heard in 2026. The petitioner’s counsel indicated that there were no instructions to continue the proceedings. The Court examined whether the 2012 order remained valid after a considerable lapse of time. Finding that the petition had become infructuous due to the delay and lack of further instructions, the Court disposed of the petition without granting any relief.

Issues considered

What is the effect of a considerable lapse of time on the validity and relevance of an order directing the petitioner to obtain a NOC for trust registration?

Subjects

Charity law
Trust registration
No Objection Certificate
Lapse of time
Infructuous petition

Judgment

                                                                               3-wp-12064-2012.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.12064 OF 2012
SHABNOOR
AYUB                  Raees Ahmed S/o Nabi Ahmed                    … Petitioner
PATHAN                           V/s.
Digitally signed by
SHABNOOR AYUB
                      The Assistant Charity Commissioner,
PATHAN
Date: 2026.03.04
                      Mumbai Region, Mumbai & Ors.                  … Respondents
16:39:41 +0530




                      Mr. Kishor Jadhav i/b S. G. Kudle, for the Petitioner.
                      Ms. M. S. Bane, AGP, for the State – Respondent Nos.1
                      and 2.



                                                  CORAM        : AMIT BORKAR, J.

                                                  DATED        : MARCH 4, 2026

                      P.C.:


                      1.      The present petition arises out of an order passed by the
                      Charity Commissioner directing the petitioner to obtain a No
                      Objection Certificate (NOC) from the legal heirs of Shaheed
                      Karkare for registration of the trust.

                      2.      The learned Advocate appearing for the petitioner submits
                      that he has no instructions to proceed further in the matter.

                      3.      Considering that the impugned order was passed in the year
                      2012, and in view of the lapse of considerable time, it is necessary
                      to examine the validity and relevance of the said order in the year
                      2026.



                                                         1
                                                 3-wp-12064-2012.doc


4.   In these circumstances, the petition stands disposed of as
infructuous.


                                         (AMIT BORKAR, J.)




                              2

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