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2023 DAILYLAW 3206 (BOM)

ASLAM KHAN AFZAL KHAN PATHAN v. SHAIKH MUNAF SHAIKH SARVAR AND OTHERS

WP/6903/2023 · 2026-09-10

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Judgment text

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1 908-wp-6903-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6903 OF 2023 Aslam Khan Afzal Khan Pathan VERSUS Shaikh Munaf Shaikh Sarvar And Others ... Mr. A. P. Bhandari, Advocate for the Petitioner Mr. G. L. Gujar, Advocate for Respondent no.1, 6, 10 to 13 ... WITH WRIT PETITION NO. 6906 OF 2023 Aslam Khan Afzal Khan Pathan VERSUS Shaikh Munaf Shaikh Sarvar And Others ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 10TH SEPTEMBER, 2026 P.C. :- . Mr. A. P. Bhandari, learned Advocate for the petitioner would submit that the Deputy Charity Commissioner has rendered findings perverse to the record. He submits that along with the change report, he has annexed sufficient documents in support of the change report which include the documents showing as to how he entered in the membership and has acquired interest in the litigation. Then, he takes me to paragraph no.4 of the impugned order wherein the learned 2026:BHC-AUG:42155 2 908-wp-6903-2023 Deputy Charity Commissioner has merely observed that the petitioner failed to establish as to how he acquired membership and how he is concerned with the subject matter. 2. Mr. Bhandari also brings to my notice the reply filed by the other side wherein it has been admitted that the documents are filed by the petitioner on record. However the genuineness and legal enforceability of those documents have been disputed. In view of the same, Mr. Bhandari submits that the matter is fit to be relegated back to the learned Deputy Charity Commissioner to pass a reasoned order. 3. Learned Advocate Mr. G. L. Gujar for Respondent no.1, 6, 10 to 13 records his formal objection. 4. However, considering the limited relief argued by Mr. A. P. Bhandari, learned Advocate for the petitioner, I find that the request is moderate one. Apparently, the petitioner has filed on record certain documents in support of the change report. Moreover, the other side in its objection/response has even discussed by those documents pointing as to how they are either bogus or no avail to the petitioner. In view of this, certainly the findings at paragraph no.4 of the impugned 3 908-wp-6903-2023 order are perverse. In the facts and circumstances, I deem it appropriate to allow the application by setting aside the impugned order. Hence the following order: ORDER a. Writ Petitions stand allowed. b. The matter is relegated back to the learned Deputy Charity Commissioner, Jalgaon for fresh consideration and for passing a reasoned order. c. Parties agree to appear before the learned Deputy Charity Commissioner, Jalgaon on 21.09.2026. d. Learned Deputy Charity Commissioner is requested to pass appropriate order within a month therefrom. e. Writ Petitions stand disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026