JUDGMENT :

1. Heard the learned counsel for the petitioner and the learned AGP for the respondent No.1/State. None appears for the respondent No.2, though served.

2. Rule. Rule made returnable forthwith. Heard finally by consent by the parties.

3. The present petition arises out of the impugned judgment and order dated 15.01.2018 passed by the Joint Charity Commissioner, Amravati, allowing the application moved by the respondent No.2 for condonation of delay in filing the proceeding under Section 70 of the Maharashtra Public Trusts Act, 1950.

4. The petitioner is the Secretary of the trust, namely Shri Ganeshdas Rathi Chatralaya, Amravati. Initially one change report bearing No.757 of 1998 was filed, the same was objected by Mohanlal Nandlal Bang, the father of the respondent No.2 as nominee of Radhakishan Rathi, a member of the trust in ‘Sanrakshak’ category. After the death of Mohanlal Bang, the respondent No.2 was substituted as an objector as Radhakisan Rathi appointed him as nominee. The said change report was accepted on 19.01.2009 and therefore, the respondent No.2 preferred an appeal against the said acceptance of change report. In the meanwhile the change report bearing inquir