Bombay High Court

ASLAM KHAN AFZAL KHAN PATHANversusSHAIKH MUNAF SHAIKH SARVAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court set aside the impugned order of the Deputy Charity Commissioner and remitted the matter for fresh consideration.

Summary

The petitioner, Aslam Khan Afzal Khan Pathan, filed writ petitions challenging an order of the Deputy Charity Commissioner who held that the petitioner failed to establish how he acquired membership and his interest in the charity matter. The petitioner submitted a change report together with documents to prove his membership and interest, which the respondents contested as bogus. The petitioner contended that the Commissioner’s findings were perverse to the record and sought a reasoned order. The Court noted that the documents were on record and that the respondents themselves had discussed their authenticity, and it considered the relief sought to be moderate. Concluding that the Commissioner’s observations were perverse, the Court set aside the impugned order and remitted the matter to the Deputy Charity Commissioner for fresh consideration. The writ petitions were allowed and disposed.

Issues considered

Whether the findings of the Deputy Charity Commissioner that the petitioner failed to establish his membership and interest are perverse and liable to be set aside
Whether the writ petition seeking remand of the matter for fresh consideration is maintainable

Subjects

writ petition
perverse findings
Deputy Charity Commissioner
membership
remand
charity law
fresh consideration

Judgment

2026:BHC-AUG:42155



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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     WRIT PETITION NO. 6903 OF 2023

                                     Aslam Khan Afzal Khan Pathan
                                                VERSUS
                                Shaikh Munaf Shaikh Sarvar And Others
                                                    ...
                     Mr. A. P. Bhandari, Advocate for the Petitioner
                     Mr. G. L. Gujar, Advocate for Respondent no.1, 6, 10 to 13
                                                    ...

                                                 WITH
                                     WRIT PETITION NO. 6906 OF 2023

                                       Aslam Khan Afzal Khan Pathan
                                                 VERSUS
                                   Shaikh Munaf Shaikh Sarvar And Others
                                                   …..
                                            CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 10TH SEPTEMBER, 2026

                     P.C. :-

                     .         Mr. A. P. Bhandari, learned Advocate for the petitioner

                     would submit that the Deputy Charity Commissioner has

                     rendered findings perverse to the record. He submits that

                     along with the change report, he has annexed sufficient

                     documents in support of the change report which include the

                     documents showing as to how he entered in the membership

                     and has acquired interest in the litigation. Then, he takes me

                     to paragraph no.4 of the impugned order wherein the learned
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Deputy Charity Commissioner has merely observed that the

petitioner failed to establish as to how he acquired

membership and how he is concerned with the subject matter.

2.    Mr. Bhandari also brings to my notice the reply filed by

the other side wherein it has been admitted that the

documents are filed by the petitioner on record. However the

genuineness and legal enforceability of those documents have

been disputed. In view of the same, Mr. Bhandari submits that

the matter is fit to be relegated back to the learned Deputy

Charity Commissioner to pass a reasoned order.

3.    Learned Advocate Mr. G. L. Gujar for Respondent no.1,

6, 10 to 13 records his formal objection.

4.    However, considering the limited relief argued by

Mr. A. P. Bhandari, learned Advocate for the petitioner, I find

that the request is moderate one. Apparently, the petitioner

has filed on record certain documents in support of the change

report. Moreover, the other side in its objection/response has

even discussed by those documents pointing as to how they

are either bogus or no avail to the petitioner. In view of this,

certainly the findings at paragraph no.4 of the impugned
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order are perverse. In the facts and circumstances, I deem it

appropriate to allow the application by setting aside the

impugned order. Hence the following order:

                                ORDER

        a.       Writ Petitions stand allowed.
        b.    The matter is relegated back to the learned
        Deputy Charity Commissioner, Jalgaon for fresh
        consideration and for passing a reasoned order.
        c.    Parties agree to appear before the learned
        Deputy Charity Commissioner, Jalgaon on
        21.09.2026.
        d.    Learned Deputy Charity Commissioner is
        requested to pass appropriate order within a
        month therefrom.
        e.       Writ Petitions stand disposed of.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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