RAJU RAMBHAU MULEYversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

2026:BHC-AUG:45864-DB
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                910 WRIT PETITION NO. 12315 OF 2026

                                      Raju Rambhau Muley
                                             VERSUS
                 The State Of Maharashtra Thr Its Principal Secretary And Others
                                                 ...
             Ms.Pradnya Talekar h/f Talekar And Associates for the Petitioner.
             Mr.Kishor Hoke Patil, AGP for the Respondent/State.
                                                 ...

                                      CORAM          : MANJUSHA DESHPANDE, J.
                                      DATE           : 29.09.2026

             PER COURT :


             1.              The Petitioner is aggrieved by the order dated 6 th May, 2026

             passed by the Deputy Charity Commissioner, Chh. Sambhajinagar, where

             by Application No.J-2/26/2022 filed under Section 41-A of the

             Maharashtra Public Trusts Act, 1950, by the Petitioner has been rejected.

             2.              The learned Advocate, Ms.Talekar, appearing for the

             Petitioner, contends that the order impugned has been erroneously passed

             by the Deputy Charity Commissioner. She would point out that the

             application filed by the Petitioner has not been decided on its own merits.

             It is observed in the order that, despite an opportunity of hearing the

             Applicant failed to comply with the necessary requirements, and

             consequently, the application came to be disposed off, which according to

             her is erroneous.



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3.            The learned Advocate for the Petitioner has drawn the

attention of the Court to the Roznama, which discloses that the matter

was adjourned from time to time, commencing from 27 th June, 2025, and

on subsequent dates, for making the necessary compliance. According to

her, was nothing left to be complied by the Petitioner. She submits that

the Deputy Charity Commissioner had already called for a report, which

has been placed on record. As per the said report, i.e. Inquiry Report No.

7 of 2023, the details regarding the working of the Trust have been set

out. It is observed in the said inspection report that an Administrator is

required to be appointed for better administration of the Trust. In view of

the said report, according to her, no further compliance was necessary as

observed in the roznama by the Deputy Charity Commissioner.

4.            After going through the documents placed on record and

after hearing the learned AGP, in my opinion, the order impugned has

been erroneously passed by recording that the Petitioner has not taken

steps for making necessary compliance. In fact on the basis of inspection

report dated 28th June, 2024, the learned Deputy Charity Commissioner

could have very well passed the order on the merits of matter more

particularly, in view of the proviso of Section 41-A of the said Act, 1950,

which mandates the Deputy Charity Commissioner to decide application,

within a period of three months from its receipt.

5.            In view of the aforementioned circumstances, the order

impugned dated 6th May, 2026 passed by the Deputy Charity
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Commissioner, Chh. Sambhajinagar is set aside and the Deputy Charity

Commissioner, Chh. Sambhajinagar is directed to restore the Inquiry

Application No.J-2/26/2022 to its original state and decide the same on

its own merits, by issuing fresh notice granting opportunity of hearing to

all the parties preferably within a period of eight weeks form the date of

this order.

6.            With the aforementioned directions, the Writ Petition is

disposed off.


                                         [ MANJUSHA DESHPANDE, J. ]




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