Shree Vitthal Mandir Devasthan Trust and Anr. Thou Its Trustee Dilip L Patil v. Dnyaneshwar Shreedhar Shinde and Ors.
Maharashtra Public Trusts Act, 1950 – Sections 37 and 38 – Amendment of trust scheme by Charity Commissioner
Case brief
What is this about?
Bombay High Court (Somasekhar Sundaresan, J.), Writ Petition No.2835 of 2024, decided April 6, 2026: Shree Vitthal Mandir Devasthan Trust challenged the Joint Charity Commissioner's order dated December 12, 2022 amending the public trust scheme on the basis of 'additional findings' in a Section 37 inspection report dated July 11, 2022 (arising from Respondent No.1's complaint dated November 20, 2020), whereby inheritance-based trusteeship was converted into an electoral/democratic method. The order was set aside by way of remand because the Petitioners were admittedly never heard, contrary to the explanation-and-hearing mandate of Section 38 of the Maharashtra Public Trusts Act, 1950; representation and hearing directed, reasoned order contemplated; merits left open. Search terms: natural justice; opportunity of being heard; Section 37/38 Maharashtra Public Trusts Act 1950; Charity Commissioner; scheme amendment; inspection report; additional findings; trustee election; remand; public trust.