Bombay High Court

ASLAM KHAN AFZAL KHAN PATHANversusSHAIKH MUNAF SHAIKH SARVAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the Deputy Charity Commissioner’s findings were perverse and set aside the impugned order, remanding the matter for fresh consideration.

Summary

The petitioner, Aslam Khan Afzal Khan Pathan, challenged an order of the Deputy Charity Commissioner who held that he had not established how he acquired membership or his interest in the subject matter of the charity litigation. The petitioner submitted a change report along with documents purporting to demonstrate his membership and interest, which the respondents contested as bogus and unenforceable. The High Court examined whether the Commissioner’s findings were perverse in light of the documentary evidence. Finding the Commissioner’s conclusions unsupported and the petitioner’s relief moderate, the Court set aside the impugned order. The matter was remanded to the Deputy Charity Commissioner for fresh, reasoned consideration, and the writ petitions were allowed and disposed.

Issues considered

Whether the Deputy Charity Commissioner erred in concluding that the petitioner failed to establish his membership and interest in the charity matter.
Whether the writ petition seeking remand of the matter for fresh consideration should be allowed.

Subjects

Charity law
Writ petition
Perverse findings
Remand
Membership
Deputy Charity Commissioner
High Court

Judgment

2026:BHC-AUG:42156



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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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