1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9330 OF 2009 Ramkripal Ramkaran Yadav & Anr. .. Petitioners V/s Jeeva Jyoti Education Society & Ors. .. Respondents Mr. R.R. Mishra for the petitioner. Mr. S.S. Shah for respondent no.1. Mr. R.M. Patne, A.G.P. for respondent nos.2 to 4. CORAM : D.G. KARNIK, J. DATE : 24TH JUNE 2010 P.C. : 1. Rule, returnable forthwith. 2. Mr. Shah waives service for the respondent no.1. Learned A.G.P. waives service for respondent nos.2 to 4. 3. Taken up for hearing forthwith. 4. By this petition, the petitioners challenge the order dated 15 September 2009 passed by the Assistant Charity Commissioner partly rejecting the application of the petitioners to participate in the proceedings of an enquiry under section 22 of the Bombay Public Trust Act (for short “the Act”). 2 5. The petitioner no.1 is the former President and the petitioner no.2 is the former Secretary of the respondent no.1- Public Charitable Trust. According to the petitioners, they continue to be the trustees of the respondent no.1 Trust. This fact is disputed by the respondent no1. However, that is not a matter in issue in this petition. The fact remains that they were the trustees and are persons interested in the Trust. 6. A change report under section 22 of the Act was filed by the persons claiming to be new trustees of the respondent no. 1 Trust and an enquiry for acceptance of change report is in progress before the Assistant Charity Commissioner. Therein an application was made by the present petitioners for permission to object to the said change report and also the permission to file documents in support of their objections. By the impugned order, the learned Assistant Charity Commissioner allowed the petitioners to file the documents but did not allow them to object and participate in the proceedings. In my view, merely allowing production of documents without an opportunity to show the correctness, relevance and effect of those documents would be an empty formality. There are allegations about forgery and cheating. There are also allegations that original minute book and other 3 documents are still in possession of the present petitioners and the minute book and other records sought to be produced are forged. In such circumstances and particularly considering nature of the allegations made in the objections, it would be appropriate that the Assistant Charity Commissioner grants permission to the petitioners to raise whatever objections they have and allow them to participate in the proceedings of enquiry before him. 7. In the circumstances, the impugned order is set aside to the extent to which it rejects the permission to the present petitioners to participate in the proceedings of enquiry under section 22 of the Act. In addition to the permission to produce the documents, the petitioners are allowed to participate in the proceedings before the Assistant Charity Commissioner. 8. Rule is made absolute to the extent indicated above. (D.G. KARNIK, J.)