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2026 DAILYLAW 7408 (BOM)

SHARAD S/O MOTIRAMJI TASRE AND OTHERS. v. THE JOINT CHARITY COMMISSIONER, AMRAVATI AND OTHERS.

CAW/2244/2026 · 2026-09-09

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Judgment text

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(1) 3.WP5218.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 2244 OF 2026 IN WRIT PETITION NO. 5218 OF 2026 (D) Sharad S/o Motiramji Tasre And Others. VERSUS The Joint Charity Commissioner, Amravati And Others. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C.S. Kaptan, Sr. Adv. i/b Mr. P.R. Agrawal, Advocate for the Petitioner(s). Mr. A.A. Naik, Sr. Adv. i/b Mr. Mahalle, Advocate for the Respondent No. 3. CORAM : NANDESH S. DESHPANDE , J. DATE : SEPTEMBER 09, 2026. 1. This is an application seeking clarification of the order passed by this Court on 13.08.2026. Mr. A.A. Naik, learned Senior Counsel appearing for respondent No. 3, takes me to the impugned order, which is at page No. 213 of the petition. The order is of the Joint Charity Commissioner, Amravati Division, Amravati, passed on 10.06.2026. By way of the said order, the authority has issued certain directions, one of which is that the appellants and all the parties to argue the appeals finally within next 3 months from today. The stay granted was to expire on 10.09.2026, i.e., within three months from 10.06.2026. 2. Thus, a clarification is sought to continue the stay by which the effect and operation of the judgment and findings in Change Report No. 918/2022 was stayed till the decision in Appeal bearing Nos. 41/2026 and 42/2026. By the order of this Court passed on 13.08.2026, even though there was a direction to the Joint Charity Commissioner to decide the appeals mentioned supra, there is Shubham 2026:BHC-NAG:12023 (2) 3.WP5218.26 nothing expressed in the order regarding the fate of the interim order, which, even according to the Joint Charity Commissioner, was in operation till 10.09.2026. 3. It is, therefore, clarified that the stay granted by the order of the Joint Charity Commissioner dated 10.06.2026 against the order rejecting the change report, which is already in force till tomorrow, i.e., 10.09.2026, is extended till 11.09.2026. However, it is clarified that the litigating parties who are seeking extension of stay are at liberty to apply to the said authority, i.e., the Joint Charity Commissioner, Amravati Division, Amravati, for seeking such relief, and the said authority would decide the said application in accordance with the rules. It is clarified that this Court has not opined on the merits of the matter, and it is for the authority to decide the same in accordance with law. 4. Civil application is allowed in aforesaid terms and disposed of. (NANDESH S. DESHPANDE, J.) Shubham