1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 540 OF 2009 1] Shri Jai Durga Bhavan Krida Mandal Mehrun, Jalgaon through its President Shri Sunil s/o. Supdu Mahajan, Age 31 years, Occ. Service, R/o. Vitthal Mandir Chowk, Mehrun, Jalgaon. 2] Shri Lalit s/o. Bhagwat Dhande Age 28 years, Occ. Service, Authorized Trustee of the Petitioner NO.1 Trust, to file the application U/section 26(A)(3), R/o. Vitthan Mandir Chowk, Mehrun, Jalgaon. .. Petitioner Versus 1] The State of Maharashtra 2] The Joint Charity Commissioner Nashik Region,Nashik. .. Respondents -- Mr. S.B. Yawalkar, Advocate for petitioner. CORAM : B.R. GAVAI, J. DATE : 19TH JUNE, 2009. ORAL ORDER :- 1. Rule. Rule made returnable forthwith. 2 2. By way of present petition, the petitioner challenges the order dated 6th December, 2008, vide which the learned Joint Charity Commissioner, Nashik region, Nashik, has rejected the application filed by the present petitioner under Section 36(A)(3) of the Bombay Public Trust Act, for grant of loan to the tune of Rs. 50.50 Lakhs. 3. The application has been rejected on the ground that the petitioner has not made necessary compliance nor removed the lacunas. Shri Yawalkar, learned counsel for the petitioner submits that the petitioner was not given any opportunity to cure the lacunas. He submits that the documents which are required are very much in possession of the petitioner and as such, on a technical ground the application has been rejected. 4. In my view, the respondent NO.2 ought to have followed the principles of natural justice and ought to have given an opportunity to the petitioner to place the documents on record. 5. In that view of the matter, the impugned order dated 6th December, 2008 is quashed and set aside. The matter is remitted back to the respondent No.2 - Joint Charity Commissioner, Nashik Region, Nashik, for deciding the application afresh. The petitioner would be at liberty to produce all the relevant documents before the learned respondent No.2. The learned Jt. Charity Commissioner to decide the application afresh on its own merits after taking into consideration the documents produced before him by the petitioner. 6. Rule made absolute in above terms. There shall be no orders as to costs. [B.R. GAVAI, J.] grt/