Bombay High Court

SUNIL JAYNARAYAN SHRIVASTAV AND ANRversusJOINT CHARITY COMMISSIONER AND ORS

Decided: 27 July 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The petitioners are directed to appear before the Assistant Charity Commissioner on 20 August 2026, and the writ petition is disposed.

Summary

The petitioners, Sunil Jaynarayan Shrivastav and another, filed a writ petition challenging the delay in issuance of notices by the Assistant Charity Commissioner after a remand order dated 23 July 2025. The State's Additional Government Pleader highlighted that despite repeated listings, the petitioners had not appeared before the Assistant Charity Commissioner, and the matter was scheduled for hearing on 20 August 2026. The petitioners contended that the Assistant Charity Commissioner had failed to issue the required notices. The Court, noting that the remand order was less than a year old and the matter remained pending, declined to examine the legality of the remand order. Instead, it directed the petitioners to appear before the Assistant Charity Commissioner on the scheduled date and kept all parties' contentions open for adjudication. The writ petition was subsequently disposed.

Issues considered

Whether the Court should scrutinize the legality and propriety of the remand order despite procedural delays
Whether the petitioners should be directed to appear before the Assistant Charity Commissioner for compliance with the remand order

Subjects

Writ petition
Remand order
Charity Commissioner
Procedural delay
Compliance
Court discretion

Judgment

2026:BHC-AS:30862

                                                                           10 wp 2529 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.2529 OF 2026

            Sunil Jaynarayan Shrivastav and Anr.                 ...   Petitioners
                  versus
            Joint Charity Commissioner and Ors.                  …     Respondents

            Ms. Pranita P. Hingmire, for Petitioners.
            Mr. A.C.Bhadang, AGP for State.
            Mr. Narayan G. Rokade with Mr. Swapnil S. Kalokhe, Ms. Mrunmai Rokade,
            Mr. Tribhuvan Sharma, Mr. Ankita Ugalmugle, for Respondent Nos.3 to 6.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      27 JULY 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      Learned AGP invites attention of the Court to the fact that the impugned

            order was passed on 23 July 2025. Yet, though the matter was repeatedly

            listed before the Assistant Charity Commissioner, the Petitioners – Applicants

            in the Scheme Application have not appeared before the learned Assistant

            Charity Commissioner.      Learned AGP further informed the Court that the

            Scheme Application is now posted for hearing on 20 August 2026.

            3.      Learned Counsel for the Petitioners, on instructions, submits that the

            Assistant Charity Commissioner has not issued notices pursuant to the order

            of remand.

            4.      Since the remand order was passed prior to one year and the matter is



            SSP                                                                   1/2
                                                                                    10 wp 2529 of 2026.doc

                      pending before the learned Assistant Charity Commissioner, this Court does

                      not consider it expedient to delve into the legality and propriety of the order of

                      remand.

                      5.       Let the Petitioners appear before the learned Assistant Charity

                      Commissioner on 20 August 2026.

                      6.       All contentions of all the parties are kept open for adjudication by the

                      learned Assistant Charity Commissioner.

                      7.       Writ Petition stands disposed.




                                                                          ( N.J.JAMADAR, J. )




                      SSP                                                                  2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 28/07/2026 15:02:22

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