Mohd Zameer Mohd Jabir Patel and Others Vs Mohd. Farooque Mohd. Taher and Others — Bombay HC (2025) — LawSathi Research

Mohd Zameer Mohd Jabir Patel and Others Vs Mohd. Farooque Mohd. Taher and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration of the Schedule-I position prevailing prior to the order in the change report, till decision in the remanded change report; recorded Trustees (as before the change report order) to run the Trust without taking any financial or policy decisions; interim order dated 24.01.2025 (para 3) to continue till disposal of the change report pending before the Assistant Charity Commissioner, Akola.

Issue for consideration

Whether the position in Schedule-I is to be restored to what prevailed prior to passing of the order in the change report, till decision in the remanded change report. +2 more

Court's answer

The position in Schedule-I is restored to what prevailed prior to passing of the order in the change report, till decision in the remanded change report.

Ratio / Principle

The recorded Trustees, as recorded before the passing of order in Change Report No.104/2023, shall run the Trust, but shall not take any financial or policy decision in respect of the Trust.

Key takeaways

The interim order dated 24.01.2025 passed by this Court in para 3 shall continue till disposal of the change report pending before the Assistant Charity Commissioner.ratio¶15
In view of the appeal having been decided and allowed on 04.02.2025 pursuant to this Court's directions dated 24.01.2025, the writ petition stands disposed of.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Smt. M.S. Jawalkar, J.), Writ Petition No. 6399 of 2024 — Mohd. Zameer Mohd. Jabir Patel and others v. Mohd. Farooque Mohd. Taher and others (decided 20th February, 2025): Following this Court's directions dated 24.01.2025, the appeal was decided and allowed on 04.02.2025 — the judgment and order dated 25.09.2023 in Inquiry No.104/2023 was quashed and set aside, Change Report No.104/2023 was rejected and remanded, and the Assistant Charity Commissioner, Akola was directed to conduct a fresh inquiry, with liberty to the appellants to file written objections. On that basis the Court directed (i) restoration of the position in Schedule-I to what prevailed prior to the order in the change report, till decision in the remanded change report; (ii) that the recorded Trustees, as before the change report order, shall run the Trust but shall not take any financial or policy decision in respect of the Trust; and (iii) continuation of the interim order dated 24.01.2025 (para 3) till disposal of the change report pending before the Assistant Charity Commissioner. Writ petition disposed of.

2025:BHC-NAG:1835

1 28-WP No.6399.2024

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

WRIT PETITION NO. 6399 OF 2024

Mohd. Zameer Mohd. Jabir Patel and others

..VS..

Mohd. Farooque Mohd. Taher and others

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

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Mr. A. A. Naik, Senior Advocate a/b Ms. Radhika Bajaj, Advocate for petitioners.

Mr. A. R. Deshpande, Advocate for respondent Nos.1 to 5. Ms. Deepa Charlewar, AGP for respondent No.6.

CORAM : SMT. M.S. JAWALKAR, J. DATED : 20th F EBRUARY, 2025

Mr. A. A. Naik, learned Senior Advocate for the petitioners submits that in view of directions by this Court vide order dated 24.01.2025, the appeal was decided and allowed on 04.02.2025. The judgment and order dated 25.09.2023 passed in Inquiry No.104/2023 is quashed and set aside as well as the Change Report No.104/2023 came to be rejected and remanded back. The Assistant Charity Commissioner, Akola was directed to conduct afresh inquiry. The appellants are permitted to file their written objections, if any, before the learned Assistant Charity Commissioner, Akola.

In view of this order, the position in Schedule-I is required to be restored prior to passing of order in change report, till decision in remanded change report.

2 28-WP No.6399.2024

As such, the recorded Trustees, before the passing of order in Change Report No.104/2023, shall run the Trust, however, they will not take any financial or policy decision in respect of the Trust. That interim order dated 24.01.2025 passed by this Court in para 3, to continue till disposal of change report pending before the Assistant Charity Commissioner.

In view of that, the writ petition stands disposed of .

(SMT. M.S. JAWALKAR, J.)

Kirtak