IMPORTANT POINT
Filing of Change Report – It is not mandatory that a written application be filed seeking condonation of delay and relief can be granted in that regard even upon an oral request, provided sufficient cause is shown for such delay.

JUDGMENT :

SANJAY KUMAR, J

1. Leave granted.

2. Acceptance of Change Reports in relation to the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, Shelgi, a Public Trust, is in issue. A learned Judge of the High Court of Judicature at Bombay invalidated such acceptance and remanded the matters to the Deputy Charity Commissioner, Solapur Region, Solapur, for consideration afresh. Hence, these appeals.

3. Though, no interim orders were passed by this Court, we are informed that the orders of remand have not been acted upon owing to the pendency of these cases. Further, in terms of the High Court’s directions, the Vahiwatdar and the Trustees, whose names were already entered in the records, are continuing to administer the Trust as on date.

4. Facts, to the extent relevant, played out thus: By application dated 26.05.1952, Mallikarjun Mahalingappa Patil applied for registration of Shri Mallikarjun Devasthan, Shelgi, as a Public Trust, under Section 18 of the Bombay Public Trusts Act, 1950, now known as Maharashtra Public Trusts Act, 1950 (for brevity, ‘the Act of 1950’). The object of this Trust was the upkeep and maintenance of Shri Mallikarjun Temple at Shelgi, North Solapur Taluka. Shri Mallikarjun Devasthan, Shelgi, was accordingly registered as a Public Trust. The mode of succession of managership and trusteeship, as provided in the application, was that Mallikarjun Mahalingappa Patil was to be the Vahiwatdar of the Trust and the eldest male member of his family was to succeed him. Further, the Vahiwatdar was also empowered to co-opt others, if and when necessary. Mallikarjun Mahalingappa Patil passed away in the year 1992 and his eldest son, Ashok Mallikarjun Patil, became the Vahiwatdar of the Trust. Thereafter, Ashok Mallikarjun Patil died on 16.02.1997 and his brother, Jagdishchandra Mallikarjun Patil, took over. Jagdishchandra was the third son of Mallikarjun Mahalingappa Pati, but his elder brother, Satish Patil, the second son of Mallikarjun Mahalingappa Pati, had no interest in taking over as the Vahiwatdar of the Trust. Thus, Jagdishchandra assumed the role of Vahiwatdar though he was not the eldest male member in the family.

5. It would be apposite at this stage to note the statutory scheme obtaining under the Act of 1950. Section 17 thereof mandates that, in every Public Trusts Registration Office or Joint Public Trusts Registration Office, the Deputy or Assistant Charity Commissioner concerned should keep and maintain such books, indices and other registers, as may be prescribed, which shall contain such particulars as may also be prescribed. Section 18 of the Act of 1950 provides for registration of Public Trusts upon application and prescribes the procedure therefor. Section 19 empowers the Deputy or Assistant Charity Commissioner concerned to make an inquiry upon receipt of an application for registration of a Public Trust under Section 18. Section 20 of the Act of 1950 states that, upon completion of such inquiry, the Deputy or Assistant Charity Commissioner shall record his finding with reasons therefor and make an order for the payment of the registration fee, if he is satisfied. Section 21(1) requires the Deputy or Assistant Charity Commissioner to then make necessary entries in the register maintained under Section 17. Section 21(2) provides that the entries so made shall, subject to the provisions of the Act of 1950 and subject to any change recorded as per the provisions thereof, be final and conclusive.

6. Section 22(1) of the Act of 1950, as it stood prior to 2017, stated that where any change occurs in any of the entries recorded in the register maintained under Section 17, the Trustee shall, within 90 days from the date of occurrence of such change, report the same to the Deputy or Assistant Charity Commissioner in charge of the Registration Office where the register is kept. Section 22(2) empowers the Deputy or Assistant Charity Commissioner to hold an inquiry for the purpose of verify