Bombay High Court

Balkrishna Gajanan SalvekarversusJoint Charity Commissioner,

Disposal: Dismissed

Holding

The writ petition is dismissed because an alternate efficacious remedy of appeal under Section 41E is available.

Summary

Balkrishna Gajanan Salvekar filed a writ petition challenging an order dated 02.01.2017 and a consequential order dated 06.02.2023 issued by the Joint Charity Commissioner under Section 41E of the Maharashtra Public Trust Act, 1950. The petitioner argued that the orders were erroneous, but the Court observed that the petitioner has an alternate efficacious remedy of filing an appeal under the same statutory provision. Since the statutory scheme provides a specific appeal mechanism, the writ petition was not maintainable. The Court dismissed the petition, granting liberty to the petitioner to pursue the appeal as provided by law. The decision underscores the principle that a writ cannot be entertained where a specific alternative remedy exists.

Issues considered

Whether a writ petition under Section 41E of the Maharashtra Public Trust Act is maintainable when an alternative appeal under the same section is available.

Legislation cited

Maharashtra Public Trust Act, 1950 — s. 41E

Subjects

Writ petition
Section 41E
Maharashtra Public Trust Act
Alternative remedy
Dismissal

Judgment

                                                          64 WP 4824 OF 2026.odt

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

                    64 WRIT PETITION NO. 4824 OF 2026

                    BALKRISHNA GAJANAN SALVEKAR
                                   VERSUS
                     JOINT CHARITY COMMISSIONER,
                                       ...
            Advocate for Petitioner : Mr. Mengane Pravin Prakash
                    A.G.P. for Respondent : Mr. J. P. Patil
                                       ...
                      CORAM                : SHAILESH P. BRAHME, J.

                       DATE                : 01.10.2026


PER COURT :

         Heard learned counsel for the petitioner.

2.      The writ petition is preferred against order dated 02.01.2017 passed
by Joint Charity Commissioner, Pune Region, Pune, in Application No.
57/2015, filed under Section 41E of the Maharashtra Public Trust Act, 1950.
Another impugned order is dated 06.02.2023, which is stated to be
consequential order passed in pursuance of the earlier orders.             The
petitioner has alternate efficacious remedy of preferring appeal under
Section 41E of the Act. The petition cannot be entertained.

3.      The Writ Petition is dismissed with liberty to avail remedy as is
available in law.



                                       ( SHAILESH P. BRAHME, J.)




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