Petition under Article 226 challenged an Assistant Charity Commissioner's order allowing a change report without recording reasons. With contesting respondents consenting, the Court quashed the order and remanded Change Report No.ACC/IX/370/2021 for fresh disposal in accordance with law, keeping merits open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
38-WP-2532-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2532 OF 2024
Manoj Shripal Jain …Petitioner Versus Assistant Charity Commissioner-I & Ors. …Respondents
Mr. Kamlesh Tiwari, Advocate, for the Petitioner. Mr. Manish Upadhye, AGP, for the Respondent No.1. Mr. Shivam Mishra i/b. Mr. Sirat Khan, Advocates, for the Respondent Nos.2 and 4.
CORAM: MADHAV J. JAMDAR, J. DATED : 13th AUGUST 2024
P. C.:
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38-WP-2532-2024.DOC
order dated 22nd February 2021 passed by the Assistant Charity Commissioner-IX, Greater Mumbai Region, Mumbai below Exhibit1 in Change Report No.ACC/IX/370/2021. The impugned order dated 22nd February 2021 reads as under:
“This is an inquiry Under Section 22 of the Maharashtra Public Trusts Act, 1950. Perused the documents in the change report and gone through the case papers as well as documents available on record at Exh.2 to Exh.9. Relied upon document on record. I hold that the reported change is legal and valid and can be accepted in the interest of trust and justice. The inquiry is uncontested in nature. Hence, I pass the following order.
O R D E R :-
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38-WP-2532-2024.DOC
and all contentions on merits are expressly kept open.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Was the Assistant Charity Commissioner's order allowing a change report without reasons sustainable in law?
2 provisions across 2 enactments
Manoj Shripal Jain
Assistant Charity Commissioner-I
Madhav J. Jamdar
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
