SHRI MALLIKARJUN DEVASTHAN, SHELGI versus SUBHASH MALLIKARJUN BIRAJDAR AND OTHERS

Citation: [2024] 5 S.C.R. 62 · Decided: 25-04-2024 · Supreme Court of India · Bench: A.S. BOPANNA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

* Author
[2024] 5 S.C.R. 62 : 2024 INSC 339
Shri Mallikarjun Devasthan, Shelgi  
v. 
Subhash Mallikarjun Birajdar and Others
(Civil Appeal Nos. 5323 - 5324 of 2024)
25 April 2024
[A.S. Bopanna and Sanjay Kumar,* JJ.]
Issue for Consideration
Whether delay in submitting Change Report to record name in 
register maintained u/s 7 Maharashtra Public Trusts Act, 1950 (1950 
Act) in relation to the Vahiwatdar (Administrator) of a Public Trust, 
can be condoned. Further, consequence of Change Report being 
submitted beyond stipulated time of 90 days u/s 22(1) 1950 Act.
Headnotes
Appellant was registered as a Public Trust u/s. 18 of the 1950 
Act – Mode of succession of managership 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 – 
Vahiwatdar also empowered to co-opt others – First Change 
Report submitted by Jagdishchandra to record his name in 
register maintained u/s. 17 of the 1950 Act belatedly – First 
Change Report accepted and held to be legal and valid by 
Deputy Charity Commissioner – Jagdishchandra appointed 
four other persons as Trustees, by co-opting them – Second 
Change Report filed to record names of said four persons in 
register maintained u/s. 17 of the 1950 Act – Second Change 
Report held to be legal by Assistant Charity Commissioner – 
Appeals/Revision applications challenging orders accepting 
both Change Reports dismissed – Writ Petitions filed against 
orders accepting and confirming both Change Reports – Same 
allowed by High Court as no separate order passed by the 
Deputy Charity Commissioner, condoning delay of over 17 
years in filing of first Change Report as being contrary to s. 
22 1950 Act – Consequently, second Change Report could 
not be sustained. 
Held: S. 22 of the 1950 Act was amended in 2017 whereby proviso 
was added in s. 22(1) of the 1950 Act providing for condonation of 
[2024] 5 S.C.R. 
63
Shri Mallikarjun Devasthan, Shelgi v. 
Subhash Mallikarjun Birajdar & Ors.
delay in filing of a Change Report, if sufficient cause is shown – Not 
mandatory that written application be filed seeking condonation of 
delay and relief can be granted in that regard upon oral request, 
provided sufficient cause is shown for such delay – Even otherwise, 
2017 proviso merely clarificatory in nature – Wording of s. 22(1) 
of the 1950 Act, as it stood earlier, did not negate applicability of 
s. 29(2) of the Limitation Act, 1963, and in consequence, s. 5 of 
Limitation Act, 1963, could be invoked for condonation of delay in 
submission of Change Report – If Change Report not submitted 
within stipulated period, 1950 Act does not contemplate automatic 
invalidation of assumption of office as the Vahiwatdar of the Trust 
– Failure to file Change Reports would invite penal consequences 
that would flow only from orders passed by authorities concerned 
under the relevant provisions – When failure to file a Change Report 
would not be fatal in itself, delay in filing a Change Report cannot 
automatically impact the assumption of office by a Vahiwatdar of 
a Trust – Proviso added in s. 22(1) 1950 Act further indicates the 
same – There should be liberal, pragmatic, justice-oriented, non-
pedantic approach while dealing with application for condonation 
of delay – Courts usually condone delay in filing as purpose is to 
advance justice. [Paras 19-22, 25]
Case Law Cited
Bhagmal & Ors. v. Kunwar Lal & Ors. [2010] 8 SCR 
1104 : [2010] 12 SCC 159; Sesh Nath Singh & Anr. 
v. Baidyabati Sheoraphuli Co-operative Bank Ltd. & 
Anr [2021] 3 SCR 806 : [2021] 7 SCC 313; Esha 
Bhattacharjee v. Managing Committee of Raghunathpur 
Nafar Academy & Ors. [2013] 9 SCR 782 : [2013] 12 
SCC 649 - relied on
List of Acts
Bombay Public Trusts Act, 1950 (Maharashtra Public Trusts Act, 
1950); Limitation Act, 1963.
List of Keywords
Maharashtra Public Trusts Act, 1950 – s. 17 and s. 22; Condonation 
of delay; s. 5 Limitation Act, 1963 applicable to delay in submission 
of Change Report; Delay in filing Change Report curable defect; 
Assumption of office not automatically invalidated by delay.
64
[2024] 5 S.C.R.
Digital Supreme Court Reports
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5323-5324 
of 2024 
From the Judgment and Order dated 27.08.2019 of the High Court 
of Judicature at Bombay in WP Nos. 8570 and 8571 of 2019
Appearances for Parties
Shyam Divan, Sr. Adv., Abhay Anil Anturkar, Dhruv Tank, Nitin 
Habib, Aniruddh

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