Bombay High Court

BALAJI RAMRAO BHOSALE AND OTHERSversusTHE DEPUTY CHARITY COMMISSIONER LATUR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The petition is withdrawn, and the petitioners are granted liberty to file a revision under Section 70-A of the Maharashtra Public Trusts Act within two weeks, with the Deputy Charity Commissioner restrained from finalizing the inquiry.

Summary

The petitioners filed a writ petition challenging proceedings of the Deputy Charity Commissioner, Latur, in Inquiry No.146 of 2014. They later sought the court's permission to withdraw the petition and instead pursue a revision under Section 70-A of the Maharashtra Public Trusts Act. The court considered whether it could allow such a withdrawal and grant a stay on the Commissioner’s pending actions. It held that the petition could be withdrawn and, to protect the petitioners' interests, the Commissioner should not finalize the inquiry until a revision is filed. Accordingly, the writ petition was disposed of as withdrawn, with liberty to file the revision within two weeks, and the Commissioner was restrained from concluding the inquiry during that period.

Issues considered

Whether a writ petition may be withdrawn at the petitioners' request
Whether the court can grant liberty to file a revision under Section 70-A of the Maharashtra Public Trusts Act and stay the Commissioner’s proceedings

Legislation cited

Maharashtra Public Trusts Act — s. 70-A

Subjects

withdrawal of writ petition
revision
Section 70-A
Maharashtra Public Trusts Act
charitable trusts
Deputy Charity Commissioner
stay of proceedings

Judgment

2026:BHC-AUG:9308
50-wp-1952-2026.odt
(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 1952 OF 2026

Balaji Ramrao Bhosale And Others
VERSUS
The Deputy Charity Commissioner Latur And Others
...
Advocate for the Petitioners : Mr. More P. P.
AGP for Respondent/State : Mr. P.P. Dawalkar
Advocate for Respondent No.8 : Mr. Nitin Jagdale h/f Mr. V.D. Salunke
...
CORAM : S. G. CHAPALGAONKAR, J.

DATED : MARCH 04, 2026

PER COURT :-

1. Learned advocate appearing for petitioners, on

instructions, seeks permission to withdraw present petition with

liberty to avail alternate remedy of filing revision under Section 70-A

of Maharashtra Public Trusts Act.

2. In that view of matter, writ petition stands disposed of as

withdrawn with liberty in favour of petitioners to approach revisional

authority within a period of two weeks from today.

3. Till petitioners file revision application, learned Deputy

Charity Commissioner, Latur shall not finalize proceedings in Inquiry

No.146 of 2014.

(S.G. CHAPALGAONKAR, J.)

Mujaheed//

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