WP 6509/10 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6509 OF 2010 Shri Anil Motiram Kalyankar & Ors. ... Petitioners Versus Shree Jogeshwar Mohadev Mandir Trust & Ors. ... Respondents --- Mr. A.M. Pungaliya, Advocate, for the Petitioners. Mr. V.B. Tapkir, Advocate, for Respondents Nos. 1 to 5. --- CORAM : R. V. MORE, J. DATED : 17th AUGUST, 2010. P.C.: 1 By the impugned order, the petitioners’ Misc. Application No. 7/ 2010 came to be rejected. The said Misc. Application was filed for corrections/ variations in the scheme settled under section 50-A (1) of the Bombay Public Trust Act. 2 Mr. Pungaliya and Mr. Tapkir, the learned counsel appearing for the petitioners and the respondents respectively, do not dispute that the application for modification of the scheme is maintainable under sub- section 3 of section 50-A of the said Act. In the circumstances, Mr. Pungaliya, the learned counsel for the petitioners seeks leave to withdraw Misc. Application 7/2010 filed before the Joint Charity Commissioner, Pune WP 6509/10 2 Region, Pune with liberty to file a fresh application under sub-section 3 of section 50-A of the Bombay Public Trust Act. The leave with liberty is not objected by the Respondents. Therefore, the leave with liberty, as stated above, is granted. In view of the withdrawal of the Misc. Application No. 7/2010, the impugned order will not survive for consideration. 3 In the event of petitioners’ filing a fresh application under sub- section 3 of section 50-A of the said Act within the period of one week from today, the same shall be decided by the Joint Charity Commissioner, Pune , as expeditiously as possible, within a period of six weeks thereafter. Needless to mention that the said application shall be decided on its own merits after affording an opportunity to the concerned parties. 4 In the interest of justice, the proceedings i.e. Misc. Application No. 77 of 2009 filed by respondent no.2, pending before the Assistant Charity Commissioner, Pune are stayed for a period of one week from today. 5 The petition is disposed of in the above terms. (R. V. MORE, J.) .....