2026:BHC-AUG:5401 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

901 FIRST APPEAL NO. 119 OF 2026 WITH CIVIL APPLICATION NO. 14178 OF 2025 BABURAO S/O JALBA TAWDE.

VERSUS THE JOINT CHARITY COMMISSIONER, NANDED REGION, NANDED AND ORS.

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Mr. S. S. Gangakhedkar, Advocate for the Appellant Mr. V. M. Chate, APP for Respondent Nos.1 and 2 - State Mr. V. S. Kadam, Advocate for Respondent No.3 Mr. R. N. Dhorde, Senior Advocate i/b Mr. P. S. Dighe, Advocate for Respondent Nos. 4 and 5 .…

CORAM : Y. G. KHOBRAGADE, J.

DATE : February 06, 2026 PER COURT :-

1. By the present appeal, the appellant, the trustee of Shree Datta Swami Education Society, questioned the legality and validity of the order dated 20.10.2025 passed below Exh.1 in Suo Moto Misc. Application No.11 of 2025, whereby the respondent No.2 Assistant Charity Commissioner, Nanded, appointed the respondent No.3 as a fit person by resorting the powers conferred under Section 47 of the Maharashtra Public Trust Act, 1950.

2. The appellant also filed Civil Application No.14178 of 2025 and prayed for stay to the effect and operation of the order dated 20.10.2025 passed in Suo-Moto Misc. Application No.11 of

2025 during pendency of the present appeal.

3. Heard Mr. Gangakhedkar, the learned counsel for the appellant, Mr. Chate, the learned AGP for respondent Nos.1 and 2, Mr. Kadam, the learned counsel for respondent No.3 and Mr. Dhorde, the learned senior counsel instructed by Adv. Dighe for respondent Nos. 4 and 5. With the consent of parties to the appeal it being heard and taken final decision.

4. It is a matter of record that, in the year 1965, Shree Datta Education Society, Talani, Taluka Hadgaon, District Nanded, is registered under the provisions of Maharashtra Public Trust Act. At the time of registration there were seven founder members/trustees. The present appellant is inducted as a life member/trustee on 01.04.1974 on payment of Rs.501/- as per Clause-3 of the constitution of the said trust.

5. Needless to say that, on 04.08.2009, one of the trustee Dr. Narayan Govindrao Tawde submitted proposal of change report with the respondent No.2 Assistant Charity Commissioner, on stating that as per the elections conducted on 04.08.2009, the following persons/office bearers are the newly managing committee members, as under:-

(1) Narayan Govindrao Tawde, (2) Achyut Kishanrao Tawde, (3) Dr. Namdeorao Narayanrao Tawde, (4) Ganesh Gyanbarao Tawde, (5) Bhagwan Baliram Jadhav, (6) Madhukar Nagoba Dalve and (7) Sunil Bapurao Deshmukh.

6. On 14.10.2010, the learned Assistant Charity Commissioner passed the order and rejected said change report. Being aggrieved by the said order, Dr. Narayan Govindrao Tawde, had filed Appeal bearing No.48 of 2010 under Section 70 of the Public Trust Act. On 30.11.2011, the learned Joint Charity Commissioner, Aurangabad, passed an order and dismissed the appeal, however, it was directed the Assistant Charity Commissioner, to conduct administration of the trust, to induct the members and to appoint one advocate to conduct the election of the trust within 15 days.

7. Being aggrieved by the said order, Miscellaneous R.J.E. No.173 of 2011 was filed before the learned District Judge-4, Nanded, which came to be dismissed on 28.03.2016. Being aggrieved by the said order, the trustee Dr. Narayanrao Govindrao Tawde had filed First Appeal No.3193 of 2016 before this Court. On 10.11.2023, this Court (Coram: Kishore C. Sant, J.) passed the judgment and allowed the appeal and accepted the change report / inquiry report No.1386 of 2009 filed before the Assistant Charity Commissioner, Nanded by setting aside the order dated 28.03.2016 passed by the learned District Judge-4 in Misc. R.J.E. No.173 of 2011.

8. Being aggrieved the said order, the present appellant had filed Civil Appeal No.7237 of 2025 [SLP (C) No.8486 of 2024] [Baburao Jalba Tawde Vs. Narayanrao and others]. On 14.05.2025, the Hon'ble Supreme Court passed an order directing the Joint Charity Commissioner t