19-wp5970.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 31 WRIT PETITION NO. 5970 OF 2023 Rasheed Khan Mohammed Hanif Khan Versus Abdul Gaffar Shaikh Ahmed And Others ---- Mr.M.M.Patil-Beedkar, Advocate for petitioner Mr.M.M.Baig, Advocate for respondent no.3 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 17, 2026 ORDER :- When the matter is called, only Mr.Patil, learned counsel for the petitioner and Mr.Baig, learned counsel for respondent no.3 are present. Hence, the matter is kept in the second session. 2. In the second session also, none appears for respondent nos.1 and 2. 3. Mr.Patil, learned counsel for the petitioner submits that on account of further developments, i.e. grant of subsequent change report, the Writ Petition has virtually turned infructuous. However, he makes a moderate submission that the observations at paragraph 4 in the impugned judgment and order dated 26.08.2021, passed by learned Jt. Charity Commissioner, Aurangabad (page 55 of compilation 2026:BHC-AUG:37215 2 19-wp5970.2023 of this Writ Petition) may not come against him in future on any count. He, therefore, requests to observe so. 4. Mr.M.M.Baig, learned counsel for respondent no.3 agrees to that extent. 5. The portion in paragraph 4 in the impugned judgment and order dated 26.08.2021, passed by learned Jt. Charity Commissioner, Aurangabad reads thus:- “(4) …….. …….. On perusal of the Schedule-I from record and proceeding it shows that, Rashid Khan is shown as Joint-secretary and Mohammad Iqbal is shown as secretary on said Trust. It shows that, appellant though contending the Rashid Khan was the secretary of the said Society, in the election in the year 1994 and same is pending. Considering the submission of appellant mentioned in the appeal memo is shows that, the no any change report in the name of Rashid Khan as a secretary is accepted till now.” Apparently, those observations were corresponding to the then prevailing situation and would not carry any perpetual status. 3 19-wp5970.2023 6. Keeping all contentions open to all the parties in respect of the said portion, the Writ Petition stands disposed of. I find that no prejudice would cause to any party due to such observation. [AJIT B. KADETHANKAR, J.] ……….. KBP