1 910-WP-12315-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 910 WRIT PETITION NO. 12315 OF 2026 Raju Rambhau Muley VERSUS The State Of Maharashtra Thr Its Principal Secretary And Others ... Ms.Pradnya Talekar h/f Talekar And Associates for the Petitioner. Mr.Kishor Hoke Patil, AGP for the Respondent/State. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 29.09.2026 PER COURT : 1. The Petitioner is aggrieved by the order dated 6th May, 2026 passed by the Deputy Charity Commissioner, Chh. Sambhajinagar, where by Application No.J-2/26/2022 filed under Section 41-A of the Maharashtra Public Trusts Act, 1950, by the Petitioner has been rejected. 2. The learned Advocate, Ms.Talekar, appearing for the Petitioner, contends that the order impugned has been erroneously passed by the Deputy Charity Commissioner. She would point out that the application filed by the Petitioner has not been decided on its own merits. It is observed in the order that, despite an opportunity of hearing the Applicant failed to comply with the necessary requirements, and consequently, the application came to be disposed off, which according to her is erroneous. Sunny Thote 2026:BHC-AUG:45864-DB 2 910-WP-12315-2026.odt 3. The learned Advocate for the Petitioner has drawn the attention of the Court to the Roznama, which discloses that the matter was adjourned from time to time, commencing from 27th June, 2025, and on subsequent dates, for making the necessary compliance. According to her, was nothing left to be complied by the Petitioner. She submits that the Deputy Charity Commissioner had already called for a report, which has been placed on record. As per the said report, i.e. Inquiry Report No. 7 of 2023, the details regarding the working of the Trust have been set out. It is observed in the said inspection report that an Administrator is required to be appointed for better administration of the Trust. In view of the said report, according to her, no further compliance was necessary as observed in the roznama by the Deputy Charity Commissioner. 4. After going through the documents placed on record and after hearing the learned AGP, in my opinion, the order impugned has been erroneously passed by recording that the Petitioner has not taken steps for making necessary compliance. In fact on the basis of inspection report dated 28th June, 2024, the learned Deputy Charity Commissioner could have very well passed the order on the merits of matter more particularly, in view of the proviso of Section 41-A of the said Act, 1950, which mandates the Deputy Charity Commissioner to decide application, within a period of three months from its receipt. 5. In view of the aforementioned circumstances, the order impugned dated 6th May, 2026 passed by the Deputy Charity Sunny Thote 3 910-WP-12315-2026.odt Commissioner, Chh. Sambhajinagar is set aside and the Deputy Charity Commissioner, Chh. Sambhajinagar is directed to restore the Inquiry Application No.J-2/26/2022 to its original state and decide the same on its own merits, by issuing fresh notice granting opportunity of hearing to all the parties preferably within a period of eight weeks form the date of this order. 6. With the aforementioned directions, the Writ Petition is disposed off. [ MANJUSHA DESHPANDE, J. ] Sunny Thote