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Bombay High Court

RAGHUNATH GANPATI PATILversusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY SCHOOL EDUCATION DEPT. AND ORS.

Disposal
Disposed Off

Holding

The Court directed the Joint Charity Commissioner to decide the pending application under Section 47 of the Maharashtra Public Trust Act, 1950 within three months.

Summary

The petitioner, Raghunath Ganpati Patil, filed a writ petition seeking a direction to the Joint Charity Commissioner to decide an application filed under Section 47 of the Maharashtra Public Trust Act, 1950, which has been pending since 2025. The petition raised the issue of undue delay in administrative action by the Charity Commissioner. The Court examined whether it could grant limited relief directing the Commissioner to act within a specific timeframe. Considering the nature of the relief and the statutory duty under the Act, the Court held that it could order expeditious disposal. Accordingly, the Court directed the Joint Charity Commissioner to decide the pending application within three months from the date of the order and disposed of the writ petition.

Issues considered

  • Whether the High Court can direct the Joint Charity Commissioner to decide a pending application under Section 47 of the Maharashtra Public Trust Act, 1950 within a stipulated time.

Legislation cited

Subjects

  • Writ petition
  • Public Trust Act
  • Section 47
  • Administrative delay
  • Expeditious decision
  • High Court of Bombay

Judgment

                                                                                   915-WP-4434-2026.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIRCUIT BENCH AT KOLHAPUR
                                               CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 4434 OF 2026

                        Raghunath Ganpati Patil             ...Petitioner.
                                Versus
                        The State of Maharashtra and Others ...Respondents.
                                                    ——————
                        Mr. Santosh Shah with Mr. Poras Shah & Mr. Varad Ashtekar, for the Petitioner.
                        Mr. A. P. Vanarase, AGP, for the Respondents-State.
                        Mr. Ganesh Anantrao Dhokle, Inspector/Administrator, Charity Commissioner
                        Oice, Kolhapur is present.
                                                          ——————
                                                            Coram :     Sharmila U. Deshmukh &
                                                                        Neeraj P. Dhote, JJ.
                                                            Date      : September 11, 2026.
                        P. C. :

                        1.        By the present petition, the limited relief sought by the Petitioner

                        is to direct the Joint Charity Commissioner to decide the application

                        iled under Section 47 of the Maharashtra Public Trust Act, 1950. The

                        Application has been pending since 2025.

                        2.        Considering the limited relief sought, the Writ Petition is disposed

                        of by directing the Joint Charity Commissioner to decide the application

                        expeditiously, in any event within a period of three months from today.



                         [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.11
           18:00:31
           +0530




                        Gaikwad RD                           1 of 1


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