Case Note & Summary
The case pertains to the acceptance of Change Reports concerning the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, Shelgi, a public trust registered under the Bombay Public Trusts Act, 1950 (now Maharashtra Public Trusts Act, 1950). The Trust was registered in 1952 upon application by Mallikarjun Mahalingappa Patil, who was designated as the first Vahiwatdar, with succession to the eldest male member of his family. After his death in 1992, his eldest son Ashok became Vahiwatdar, and upon Ashok's death in 1997, his brother Jagdishchandra (the third son) took over as Vahiwatdar, as the second son Satish had no interest. Jagdishchandra filed Change Report No. 899 of 2015 on 21.10.2015, along with a delay condonation application, to record his change as Vahiwatdar. The Deputy Charity Commissioner accepted the Change Report on 15.03.2016, noting no objections, and directed amendment of the register. No appeal was filed against this order. Subsequently, Jagdishchandra co-opted four trustees on 28.03.2017 and filed Change Report No. 1177 of 2017, which was also accepted by the Assistant Charity Commissioner on 18.04.2018. Five devotees filed a revision application under Section 70A of the Act before the Joint Charity Commissioner challenging the acceptance of the first Change Report, but the revision was dismissed on 09.07.2019. The devotees then filed a writ petition before the Bombay High Court, which set aside both acceptances and remanded the matters to the Deputy Charity Commissioner for fresh consideration. The Supreme Court, in appeal, held that the High Court erred in interfering with the acceptance of the Change Reports, as they had attained finality due to no appeal being filed within the prescribed period under Section 70 of the Act. The Court observed that the Deputy Charity Commissioner had the inherent power to condone delay, and the acceptance of the Change Report implied such condonation. The revisional authority under Section 70A had correctly dismissed the revision, and the High Court's writ jurisdiction could not be used to reopen findings that had become final. The Supreme Court allowed the appeals, set aside the High Court's order, and restored the orders of the Deputy Charity Commissioner and Assistant Charity Commissioner accepting the Change Reports.
Headnote
A) Public Trusts - Change Report - Finality of Acceptance - Section 22, Maharashtra Public Trusts Act, 1950 - The acceptance of a Change Report by the Deputy Charity Commissioner, if not appealed within the prescribed period, becomes final and conclusive. The High Court erred in interfering with such acceptance under writ jurisdiction, as the remedy of appeal under Section 70 was available but not availed. (Paras 15-17) B) Public Trusts - Condonation of Delay - Inherent Power - Section 22, Maharashtra Public Trusts Act, 1950 - The Deputy Charity Commissioner has the inherent power to condone delay in filing a Change Report, and such condonation is implicit in the acceptance of the report. The Joint Charity Commissioner rightly held that the delay stood condoned upon acceptance. (Paras 12, 18) C) Public Trusts - Revision - Scope of Section 70A - Section 70A, Maharashtra Public Trusts Act, 1950 - The revisional power under Section 70A is limited and cannot be used to reopen findings that have attained finality. The Joint Charity Commissioner correctly dismissed the revision application challenging the acceptance of the Change Report. (Paras 13, 19) D) Public Trusts - Writ Jurisdiction - Interference with Findings of Fact - The High Court, in exercise of writ jurisdiction, should not interfere with findings of fact recorded by statutory authorities unless they are perverse or without jurisdiction. The High Court's order remanding the matters was set aside as it failed to consider the finality of the acceptance. (Paras 20-21)
Issue of Consideration
Whether the High Court was justified in setting aside the acceptance of Change Reports by the Deputy Charity Commissioner and remanding the matters for fresh consideration, despite the acceptance having attained finality due to no appeal being filed within the prescribed period.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order dated 15.12.2022, and restored the orders of the Deputy Charity Commissioner dated 15.03.2016 and the Assistant Charity Commissioner dated 18.04.2018 accepting the Change Reports. The Court held that the acceptance of the Change Reports had attained finality and the High Court erred in interfering.
Law Points
- Finality of Change Report acceptance under Section 22 of Maharashtra Public Trusts Act
- 1950
- Condonation of delay in filing Change Report
- Scope of revision under Section 70A
- Maintainability of writ petition against acceptance of Change Report
