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2025 DAILYLAW 40538 (BOM)

SURESH JOTIRAM MHAMANE v. BHALCHANDRA DAMODAR KELKAR

WP/8563/2025 · 2025-07-03

Shri N J Jamadar

body2025

Judgment text

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27-WP8563-2025.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8563 OF 2025 Suresh Jotiram Mhamane and anr. ...Petitioners Versus Bhalchandra Damodar Kelkar and ors. …Respondents Mr. Shivaji Masal, for the Petitioner. Mr. P. V. Nelson Rajan, AGP for the State. CORAM: N. J. JAMADAR, J. DATED: 3rd JULY, 2025 PC:- 1. Heard the learned Counsel for the petitioners. 2. The challenge in this petition is to an order dated 8th April, 2025, passed by the learned Joint Charity Commissioner, Kolhapur, on an application (Exhibit-20) filed by the petitioner in Revision Application No.20 of 2023 thereby rejecting the objection raised by the petitioner to the maintainability of the revision application against an order of de-registration of the trust. 3. Under Section 70A of the Maharashtra Public Trust Act, 1950, the Charity Commissioner can exercise power of revision, sou moto. The questions as to whether the revision is maintainable against the order impugned before the learned 1/2 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2025.07.05 12:37:54 +0530 27-WP8563-2025.DOC Joint Charity Commissioner and whether the revision application could have been entertained at the instance of the petitioner therein and without filing an application for condonation of delay can be considered by the learned Joint Charity Commissioner at the time of adjudication of the said revision application. 4. Keeping open all the points, the petition stands disposed. [N. J. JAMADAR, J.] 2/2