Case Note & Summary
The High Court of Judicature at Bombay, Aurangabad Bench, adjudicated a batch of writ petitions filed by Shree Datta Deosthan Trust, a religious trust registered under the Maharashtra Public Trusts Act, bearing registration number A-711. The trust challenged concurrent orders passed by the Deputy Charity Commissioner and the Joint Charity Commissioner, Pune Region, which rejected several change reports filed under Section 22 of the Act. These change reports, filed over a period, related to sequential changes in trusteeship, including the removal of trustee Milind Govind Kshirsagar (Change Report No.557/2003), appointment of a new trustee in his place (Change Report No.750/2003), retirement and re-appointment of trustees, and other appointments and removals. The Assistant Charity Commissioner initially rejected Change Report No.557/2003 on 18.02.2010, and the appeal against it was dismissed by the Joint Charity Commissioner on 04.03.2025. Similarly, other change reports were rejected at both levels. The trust contended that the removal of Milind Kshirsagar was based on an inquiry conducted by an Inspector from the office of the Assistant Charity Commissioner following a complaint by Captain N.A. Chavan regarding mismanagement and misappropriation. The Inspector submitted a report with ten recommendations, and the Assistant Charity Commissioner issued six directions to the trust on 23.04.2002. In subsequent board meetings, Milind Kshirsagar allegedly opposed the implementation of these directions. The trust also claimed that various complaints were received against him. During the hearing, the court noted that the acceptance or rejection of each change report would have a cascading effect on the subsequent reports. The matter was reserved for judgment on 17.10.2025. The provided excerpt does not include the court's final reasoning or operative order. Therefore, the outcome remains pending in the text provided.
Headnote
A) Trusts and Charities - Change Report - Section 22 Maharashtra Public Trusts Act - Concurrent Rejection by Charity Authorities - Petition under Article 227 - Multiple interconnected change reports pertaining to removal and appointment of trustees were rejected by Assistant Charity Commissioner and Joint Charity Commissioner - High Court is examining the matter, noting cascading effect of acceptance/rejection of each report - Final decision not captured in provided text (Paras 1-13).
Issue of Consideration
Whether the concurrent orders of the Deputy Charity Commissioner and Joint Charity Commissioner rejecting the change reports filed under Section 22 of the Maharashtra Public Trusts Act are sustainable
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Change Report
- Section 22 Maharashtra Public Trusts Act
- rejection by Deputy Charity Commissioner
- appeal to Joint Charity Commissioner
- writ jurisdiction under Article 227
Case Details
2026 LawText (BOM) (05) 133
Writ Petition Nos. 9543/2025, 9544/2025, 9545/2025, 9564/2025, 9565/2025, 9979/2025, 9980/2025
Mr. N. B. Khandare, Senior Advocate i/b. Mr. Parag Barde, Ms. Akshara Madake for petitioner; Mr. R. N. Dhorde, Senior Advocate i/b. Mr. Anirudha A. Nimbalkar for respondent; Mr. P. S. Shendurnikar for respondent; Mr. C. V. Dharurkar for intervenor; AGP Mr. K. N. Lokhande for State
Shree Datta Deosthan Trust
Murlidhar Eknath Rishipathak, Milind Govind Kshirsagar, and Ors., Joint Charity Commissioner, Pune
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Nature of Litigation
Writ petitions under Article 227 of the Constitution of India challenging the concurrent orders of the Deputy Charity Commissioner and Joint Charity Commissioner rejecting change reports filed by the trust under Section 22 of the Maharashtra Public Trusts Act.
Remedy Sought
The petitioner trust seeks to quash and set aside the orders of the charity authorities and for acceptance of the change reports reporting removal and appointment of trustees.
Filing Reason
The Assistant Charity Commissioner rejected Change Report No.557/2003 on 18.02.2010, and the Joint Charity Commissioner dismissed the appeal on 04.03.2025; similarly, other change reports were rejected at both levels, prompting the trust to challenge the concurrent rejections in the High Court.
Previous Decisions
Change Report No.557/2003 was rejected by the Assistant Charity Commissioner on 18.02.2010, and the appeal (Appeal No.01/2010) was dismissed by the Joint Charity Commissioner on 04.03.2025. Other change reports were also rejected by the Deputy Charity Commissioner and the appellate authority.
Issues
Whether the rejection of Change Report No.557/2003 by the charity authorities is legal and valid.
Whether the cascading effect of rejection of one change report justifies rejection of subsequent related change reports.
Whether the High Court should exercise writ jurisdiction to interfere with concurrent findings of fact by the charity authorities.
Submissions/Arguments
The trust contended that the removal of trustee Milind Kshirsagar was based on an inquiry report and directions issued by the Assistant Charity Commissioner following a complaint of mismanagement.
The trust argued that Milind Kshirsagar opposed implementation of the directions and that various complaints were received against him.
The respondents opposed the change reports, leading to their rejection by the authorities.
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
Rule. Rule made returnable forthwith. With consent of parties heard finally.
All these petitions are taken up together as they are inter connected and relates to sequential change reports filed of the Petitioner / Trust under Section 22 of the Maharashtra Public Trusts Act.
By the respective impugned orders, all the above change reports are rejected by the Deputy Charity Commissioner, so also, by the appellate authority i.e. the Joint Charity Commissioner.
The trust resolved to file the Change Report in the office of the Deputy Charity Commissioner, reporting the change of removal of Milind Kshirsagar (Respondent No.1).
On 27.06.2001, Captain Shri N. A. Chavan lodged a written complaint to the Assistant Charity Commissioner about the mismanagement and misappropriation by the trustees.
The Inspector submitted a report to the Assistant Charity Commissioner with 10 recommendations.
Procedural History
Shree Datta Deosthan Trust filed Change Report No.557/2003 on 10.06.2022 reporting removal of trustee Milind Kshirsagar. The Assistant Charity Commissioner rejected the report on 18.02.2010. The trust preferred Appeal No.01/2010 before the Joint Charity Commissioner, Pune Region, which was dismissed on 04.03.2025. Similarly, other change reports (Nos. 750/2003, 722/2005, 956/2006, 634/2007, 1022/2008, 1281/2011) were rejected by the Deputy Charity Commissioner and the Joint Charity Commissioner. The trust then filed the present writ petitions before the High Court challenging these concurrent orders. The court heard the parties and reserved judgment on 17.10.2025.
Acts & Sections
- Maharashtra Public Trusts Act: Section 22
