Bombay High Court

JAWAHARLAL MADANLAL SARDAversusTHE STATE OF MAHARASHTRA THROUGH ITS CHARITY COMMISSIONER AND OTHERS

Disposal: DISPOSED OFF
Bench: VIBHA KANKANWADI HITEN S VENEGAVKAR

Holding

The Court declined to impose a fixed one‑month deadline, directing the respondent to decide the appeal as early as possible.

Summary

The petitioner, Jawaharlal Madanlal Sarda, filed a writ petition seeking a court direction that the State’s Charity Commissioner (Respondent No. 2) decide Appeal No. 36 of 2024 within one month. The petition highlighted that the appeal was filed on 19 June 2024 and that despite an application for expedited hearing filed on 9 May 2025, the matter remained pending. The Court noted the substantial pendency in Respondent No. 2’s office and held that imposing a rigid time‑frame was not feasible. It therefore directed Respondent No. 2 to decide the appeal “as early as possible” without fixing a specific deadline, and allowed parties to seek a specific urgent application if needed. Consequently, the writ petition was disposed of without any order imposing a fixed time‑limit.

Issues considered

Whether the High Court can impose a mandatory one‑month deadline on the State’s Charity Commissioner to decide an appeal pending since June 2024.

Subjects

writ petition
direction
appeal pendency
expedited hearing
administrative law

Judgment

                                1                        963WP1790.2026.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                963 WRIT PETITION NO. 1790 OF 2026

                       Jawaharlal Madanlal Sarda
                                VERSUS
The State Of Maharashtra Through Its Charity Commissioner And Others
                                   ...
Mr. Amol Ratan Gaikwad - Advocate for the Petitioner
Mr. S. B. Pulkundwar - AGP for State
                                   ...

                          CORAM :     SMT. VIBHA KANKANWADI
                                              AND
                                      HITEN S. VENEGAVKAR, JJ.

                          DATED :      17TH FEBRUARY, 2026

PER COURT : -

1.           The present petition has been filed seeking a direction to
Respondent No. 2 to decide Appeal bearing No. 36 of 2024 within a
period of one month.

2.           Heard the learned Advocate for the Petitioner. The learned
AGP waives service of notice on behalf of Respondent Nos. 1 to 3. There
is no necessity to issue notice to Respondent Nos. 4 to 17.

3.           The first and foremost fact that requires to be noted is that
the Appeal before Respondent No. 2 appears to have been filed on 19 th
June, 2024. It appears that the other side appeared in the matter after
service of notice. A copy of the Roznama shows that, sometimes, the
advocates were present and the parties were absent, and at other times,
the advocates themselves were absent. On 09.05.2025, an application
for expedite hearing of the Appeal was filed and the same is still
pending. The learned Advocate for the Petitioner is of the opinion that
the stage now shown is for final hearing.
                                                             2                         963WP1790.2026.odt

                             4.           Considering the huge pendency in the office of Respondent
                             No. 2, it is not feasible to issue a direction to decide the matter filed on
                             1st July, 2025 within a fixed time frame. However, we leave it to
                             Respondent No. 2 to decide the appeal as early as possible. We reiterate
                             that we are not imposing any time limit for the decision. If there is any
                             urgency, the parties may file a specific application to that effect, and
                             after hearing both sides on that application, Respondent No. 2 shall take
                             a decision and decide the matter expeditiously.

                             5.           With the directions as above, Writ Petition stands disposed
                             of.



                              [HITEN S. VENEGAVKAR]                     [SMT. VIBHA KANKANWADI]
                                     JUDGE                                       JUDGE




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 24/02/2026 18:26:23

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