sns 57-wp-7859-2026+.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7859 OF 2026 Rajesh Mehta … Petitioner V/s. The Joint Charity Commissioner & Ors. … Respondents WITH INTERIM APPLICATION NO.6358 OF 2026 WITH INTERIM APPLICATION NO.7503 OF 2026 WITH INTERIM APPLICATION NO.7504 OF 2026 WITH INTERIM APPLICATION NO.5566 OF 2026 WITH INTERIM APPLICATION NO.5740 OF 2026 WITH INTERIM APPLICATION NO.5592 OF 2026 WITH INTERIM APPLICATION NO.5593 OF 2026 WITH INTERIM APPLICATION NO.5742 OF 2026 WITH INTERIM APPLICATION NO.5741 OF 2026 Mr. Ragherth Basant a/w. Adv. Aditya N. Raut, Adv. Utsav Trivedi, Adv. Richa P. i/by Desai Desai Carrinjee & Mulla LLP for the Petitioner. Adv. O. A. Chandurkar, Addl. GP, Adv. Gauri Raghuvanshi, AGP for the Respondent-State. Mr. Ashish Kamat, Senior Advocate a/w. Adv. Rashmin Khandekar, Adv. Dikshat Mehra, Adv. Devesh Juvekar, Adv. Mithilesh Chalke, Adv. Honey C., Adv. Rima Desai, Adv. Minal C., Adv. Monish Bhatia i/by Rajani Associates for the Respondent No.2 and for the Applicant in IA/5592/2026. 1/5 SUMEDH NAMDEO SONAWANE Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2026.10.05 15:10:32 +0530 sns 57-wp-7859-2026+.doc Mr. Gaurav Joshi, Senior Advocate a/w. Adv. Piyush Raheja, Adv. Ameet Naik, Adv. Madhu Gadodia, Adv. Vivek Dwivedi, Adv. Vinita Dandekar, Adv. Aryan Garg i/by Naik Naik & Co, for Respondent No.3 and for Applicant IA/6358/2026. Mr. Chanakya Keswani, Adv. Tanmay Bhave, Adv. Minhas Joshi, Adv. Aditi Singh i/by Economic Law Practice for the Applicant in IA/5566 of 2026. Mr. Abhay Dhadiwal a/w. Adv. Monish Bhatia, Adv. Vidhi Karia, Adv. Prithvi Sawla i/by Jayakar & Partners for Respondent No.5. Mr. Nimay Dave a/w. Adv. Dikshat M. a/w. Adv. Mithilesh C., Adv. Honey Chandnani for the Applicant in IA/5993/2026. Mr. Rishikesh Soni a/w. Adv. Chanakya Keswani, Adv. Tanmay Bhave, Adv. Minhas Joshi, Adv. Aditi Singh i/by Ecnomic Laws Practice for the Applicant in IA/5742/2026, IA/5740/2026, IA/7542/2026. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 24th September, 2026. P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner, the former Trustee of Lilavati Kirtilal Mehta Medical Trust is seeking the following substantive reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order directing Respondent No. 1 – the Learned Joint Charity Commissioner, Mumbai -pass an order under S. 41D(2)(a) within a period of 1 week from the date of this Hon’ble Court’s order; b) Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.1 – the Learned Joint Charity Commissioner, Mumbai, to complete the further steps contemplated under Sections 41D(2)(b) and 41D(2)(c) 2/5 sns 57-wp-7859-2026+.doc of the Maharashtra Public Trusts Act, 1950, within a period of thirty days thereafter; c) Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.1 – the Learned Joint Charity Commissioner, Mumbai – to hear and finally decide Application No.10 of 2026 filed under Section 41D of the Maharashtra Public Trusts Act, 1950, within a period of two months; d) Pass such further and other consequential directions as may be necessary to give full and meaningful effect to the order dated 06.03.2026 passed by this Hon’ble Court in Writ Petition Nos.2909 of 2026 and 2913 of 2026” 2) Heard Mr. Basant, learned Advocate for the Petitioner, Mr. Chandurkar, learned Addl. GP for the Respondent-State, Mr. Kamat, learned senior counsel for Respondent No.2, Mr. Joshi, learned senior counsel for Respondent No.3, Mr. Dhadiwal, learned Advocate for Respondent No.5 3) By an Order dated 6th March 2026 this Court passed the following order. Paragraph Nos.1, 2 and 3 thereof reads as under: “1. The learned Senior Advocates along with the learned Advocates for all the parties appearing before us, are united in submitting that this Court can pass the following order : The Joint Charity Commissioner will hear the present Petitioners before us, as well as all the Applicants and Non-Applicants, on Applications [Exhibit Nos.8, 12 and 15], in Application No.10 of 2026, on merits, maintainability and 3/5 sns 57-wp-7859-2026+.doc jurisdiction, before deciding whether a prima facie case is made out for issuing notice under Section 41D(2)(a) of the Maharashtra Public Trust Act. 2. Since all the parties are agreeable to the above, both these Petitions are disposed off in terms of the above portion set out in italics. 3. We expect all the parties before the learned Joint Charity Commissioner to maintain the dignity and decorum of his office and to address him as per their serial numbers in the array of Applicants and Non-Applicants, one after the other. Two or more parties shall not address him at the same time, and none of the parties would interject or argue with each other, when a particular party is addressing the Authority as per its turn.” 4) Notably an Application is filed by the Petitioner under Section 41D of the Maharashtra Public Trusts Act, 1950 (‘Trust Act’) before the learned Joint Charity Commissioner, Mumbai and the matter is sub judice. 5) In our view, on account of relief having been granted as particularly stated in paragraph No.1 of Order dated 6th March 2026, prayer clause (a) of the present Petition has become redundant. The subsequent prayers clauses (b), (c) and (d) which are consequential, need not be even considered. 6) However, at the earnest request of the Mr. Basant learned Senior Counsel for the Petitioner, we direct the Joint Charity Commissioner 4/5 sns 57-wp-7859-2026+.doc seized of Application No.10 of 2026 (filed under Section 41D of the Trusts Act) to decide the same within a period of four months from the date of receipt of present Order. 7) We request all the parties appearing before the learned Joint Charity Commissioner to co-operate with him to decide the said Application expeditiously. 8) The Petition is allowed in the aforesaid terms. 9) In view of disposal of Petition, Interim Application No.6358 of 2026, Interim Application No.7503 of 2026, Interim Application No.7504 of 2026, Interim Application No.5566 of 2026, Interim Application No.5740 of 2026, Interim Application No.5592 of 2026, Interim Application No.5593 of 2026, Interim Application No.5742 of 2026 and Interim Application No.5741 of 2026, do not survive and accordingly stand disposed off. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 5/5