Bombay High Court
ABDULJABBAR ABDULSATTAR BARASKAR AND ORSversusMUSLIM EDUCATION COMITTEE THR. ITS PRESIDENT AND ORS
- Disposal
- Disposed Off
Holding
The court directed the Assistant Charity Commissioner to decide the pending applications expeditiously, allowing the intervenor to raise objections, without staying the Commissioner’s jurisdiction despite the record being sent to the Waqf Board.
Summary
The petitioners sought a court direction for the Assistant Charity Commissioner of Sangli to decide their pending applications for membership in a trust dating from 2025. The Muslim Education Committee, as intervenor, opposed the applications and filed an interim application for intervention, which was allowed. The court held that it could merely direct the Commissioner to adjudicate the applications expeditiously, leaving the intervenor free to appear and raise objections. The Attorney General of the State indicated that the entire record had been forwarded to the Waqf Board, but the Commissioner retained authority to pass an order in accordance with law. Consequently, the writ petition was disposed, directing the Commissioner to decide the applications promptly.
Issues considered
- Can the High Court direct the Assistant Charity Commissioner to adjudicate pending membership applications to a trust?
- Does the intervenor have the right to appear before the Commissioner and raise objections?
- Does the forwarding of the record to the Waqf Board affect the Commissioner’s jurisdiction to decide the applications?
Subjects
- Waqf
- Trust
- Charity Commissioner
- Intervention
- Membership
- Writ Petition
- Expeditious decision
Judgment
109-WP-1333-2026.doc
Digitally signed
by HARISH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH VITHAL
VITHAL CHAUDHARI
CHAUDHARI Date:
2026.10.08
CIRCUIT BENCH AT KOLHAPUR
10:54:09 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1333 OF 2026
Abduljabbar Abdulsattar Baraskar And Others ...Petitioners
Versus
Muslim Education Comittee Thr. Its President ...Respondents
And Others
WITH
INTERIM APPLICATION (STAMP) NO. 3834 OF 2026
IN
WRIT PETITION NO. 1333 OF 2026
Muslim Education Comittee Thr. Its Secretary ...Applicants
And Others
Versus
Abduljabbar Abdulsattar Baraskar And Others ...Respondents
——————
Mr. P. D. Dalvi a/w Tejas Shelake & Sonal Nalawade for the Petitioner.
Mr. Atul P. Vanarase, AGP for the Respondent-State.
Mr. Akshay Kulkarni (Through V. C.) for the Applicant in IA.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : October 07, 2026.
P. C. :
[i] ORDER IN INTERIM APPLICATION (STAMP) NO. 3834 OF 2026
1. The Application has been preferred seeking intervention in the
present proceedings by the Muslim Education Committee.
Harish 1 of 2
109-WP-1333-2026.doc
2. For the reasons stated, the application is allowed.
3. The interim application is disposed of accordingly.
[ii] ORDER IN WRIT PETITION NO. 1333 OF 2026
1. The limited relief in the writ petition is for a direction to the
Assistant Charity Commissioner, Sangli to decide their applications,
which are pending with the Assistant Charity Commissioner since the
year 2025, seeking to be enrolled as members of the respondent No. 1
Trust.
2. The intervenor opposes the said applications.
3. As the petitioners are only seeking a direction to adjudicate their
applications, the petition can be disposed of by directing the Assistant
Charity Commissioner to decide their applications expeditiously. The
intervenor in the present petition is at liberty to appear before the
Assistant Charity Commissioner and raise all objections. All contentions
of all the parties are expressly kept open.
4. Learned AGP submits, on instructions, that the entire record has
been sent to the Waqf Board. In such event, it is open for the Assistant
Charity Commissioner to pass an appropriate order in accordance with
law.
5. The petition is disposed of in the above term.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Harish 2 of 2
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