Dismissed¶¶19

Prashant Uttamrao Janolkar v. Mahadeo S/O Tulshiramji Mankar and Another

Bombay HC7 Oct 2025WP/2346/2024

Case brief

AI extract

What is this about?

BHC-Nag 2025:BHC-NAG:10358; Writ Petition No.2346 of 2024; Prashant Uttamrao Janolkar v. Mahadeo S/o. Tulshirmaji Mankar and Another; decided 07-10-2025 by Siddheshwar S. Thombre, J.; Assistant Charity Commissioner Akola; Enquiry No.710/2013; Section 22 Maharashtra Public Trust Act 1950; Order VI Rule 17 CPC amendment application; belated amendment refused after commencement of trial; writ petition dismissed, no costs.

What did the court decide?

No case is made out for interference with the Assistant Charity Commissioner, Akola's order refusing the belated amendment application; accordingly the writ petition is dismissed, with no order as to costs. ¶¶19

Prashant Uttamrao Janolkar vs Mahadeo S/O Tulshiramji Mankar and Another — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:10358

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1 59-WP-2346-2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO.2346 OF 2024

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Prashant Uttamrao Janolkar Vs.

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Mahadeo S/o. Tulshirmaji Mankar and Another

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Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

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Mr. S.P. Ghatol h/f. J.B. Gandhi, Advocate for the Petitioner. Mr. A.J. Gilda, Advocate for the Respondents.

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CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 07th OCTOBER, 2025

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Heard Mr. S.P. Ghatol holding for Mr. J.B. Gandhi, learned counsel for the petitioner and Mr. A.J. Gilda, learned counsel for the respondents.

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The present writ petition is filed against the order dated 15.12.2023 passed by the Assistant Charity Commissioner, Akola in Enquiry No.710/2013, this application is filed under Section 22 of the Maharashtra Public Trust Act, 1950 and the enquiry is going on.

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The petitioner has filed an application by invoking the provisions of Order VI Rule 17 of the Code of Civil Procedure, 1908 for seeking amendment in the application.

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Learned counsel for the petitioner submitted that by praying for allowing the amendment, the post of Mrs. Vijaya Vinay Gholak is to be corrected as Member of Managing Body and post of Mrs. Shubhangi Sunil

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2 59-WP-2346-2024.odt

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Salonkhe is also to be corrected as Joint Secretary, which refers only to a typographical mistake in the posts of two persons and prayed for permission to correct the same.

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Learned counsel for the respondent invited attention of this Court to the application and a consent letter wherein, the posts were specifically mentioned and it also bears their signatures.

¶17

After considering the arguments of both the parties, the Assistant Charity Commissioner, Akola held that, the trial has already commenced in the enquiry and therefore, at this belated stage, such application cannot be entertained. The order passed by the Learned Assistant Charity Commissioner, Akola, is legal and proper one and even the enquiry under Section 22 of the Maharashtra Public Trust Act, 1950 was already proceeded further.

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Learned counsel for the respondent has specifically made a statement that the evidence is already closed and therefore, at such a belated stage, it is not proper to interfere with the order passed by the Assistant Charity Commissioner, Akola.

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In view thereof, no case is made out to interfere in the order of Assistant Charity Commissioner, Akola. Accordingly, the writ petition is dismissed. No order as to costs.

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(SIDDHESHWAR S. THOMBRE J.)

¶21

𝒫𝓇𝒾𝓋𝑒𝓁

Prashant Uttamrao Janolkar v. Mahadeo S/O Tulshiramji Mankar and Another

Case brief

What is this about?

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Prashant Uttamrao Janolkar v. Mahadeo S/O Tulshiramji Mankar and Another

Case brief

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