wp2530-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2530 OF 2010 All India Muslim OBC Organisation and Ors. .. Petitioners Versus Shabbir Ahmed Ansari .. Respondent Mr.S.R.Ganbavale for petitioners Mr.R.M.Momin for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 13th July 2011. P.C.: 1] Heard both sides. The order impugned in this petition under Article 227 is passed by the Assistant Charity Commissioner, Pune on 4th January 2010. 2] The main proceedings that are before the Assistant Charity Commissioner is an enquiry application No.1077 of 2004. The application for registration of a Trust was presented by Iqbal Mehmood Ansari and others on 4th March 2004. The wp2530-10.doc 2 society was registered by order dated 30th June 2004. One Gulam Hussain Tamboli applied in September 2004 for registration of the Trust in the capacity of Trustee of All Indian Muslim OBC Organisation, Jalna. The name of one Shabbir was also mentioned but the application was presented and filed by Gulam Tamboli. The said Shabbir filed an application under section 73A in January 2008 that he be permitted to participate in the proceedings. However, it appears that an order was passed on 17th November 2008 allowing the said Shabbir to participate in the matter. In the meanwhile, the objectors filed purshis on 17th March 2008 contending that they want to withdraw their objections. Therefore, they did not object to the registration of the instant Trust. 3] Yet, Shabbir Ahmed proceeded with his intervention and bearing in mind his objection, the Assistant Charity Commissioner held enquiry. Upon the enquiry being held which is traceable to sections 18 to 20 of the Bombay Public Trusts Act, 1950 he has passed an order directing that the wp2530-10.doc 3 name of the society’s proposed Trust be changed by taking recourse to sections 12 and 12A of the Society’s Registration Act. The direction in the order is that name of All Indian Muslim OBC Organisation be changed. 4] To my mind, this exercise undertaken by the Assistant Charity Commissioner and the subject order is nothing but a direction in terms of section 20 of the BPT Act. Section 20 of the Act postulates that on completion of the inquiry provided for under section 19, the Deputy or Assistant Charity Commissioner shall record his findings with the reasons therefor as to the matter mentioned in the said section. 4] Both sides do not dispute that the enquiry in this case is pursuant to the powers conferred vide section 19 of the BPT Act. Even the order refers to section 18(6A) of the BPT Act. In these circumstances, I am of the opinion that the order passed by the Assistant Charity Commissioner is appealable in terms of section 70 and the appeal would lie to the Joint Charity wp2530-10.doc 4 Commissioner/ Charity Commissioner. In any event, it would be open for the petitioner to invoke the powers of Charity Commissioner under section 70A of the BPT Act to challenge the impugned orders and the findings therein. Finding that petitioners have an alternate and equally efficacious remedy to challenge the impugned orders, the petition is disposed of. It is clarified that all contentions of both sides on maintainability as well as on merits are kept open. Needless to clarify further that to enable the petitioners to institute subject proceedings and seek appropriate interim/ final orders therein, the order of status quo made by this Court on 30th March 2010 shall continue for a period of eight weeks from today. The authority to whom petitioners may approach shall sympathetically consider the request to condone the delay if any on account on pendency of this petition in this Court for more than a year. (S.C.DHARMADHIKARI, J)