1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4666 OF 2009 1) Shantilal s/o- Hiralal Godha, R/o-Dongaon, Tq-Jafrabad, Dist-Jalna, Secretary Dongaon Shikshan Prasarak Mandal, Dongaon. 2) Gopinath s/o Maruti Ambhore, 3) Bhaurao s/o Shamrao Pungle, 4) Shehsrao s/o Bajirao Pacharne, 5) Ramesh s/o Dagdu Narode, 6) Mohanlal s/o Hiralal Godha, 7) Gaurishankar s/o Bhurmal Joshi, 8) Karimkha Nasibkha Pathan, 9) Baburao Hanumant Hiwale ...PETITIONERS. VERSUS 1) Harakchand s/o Sitaram Godha, R/o-Cidco, N-9, Near Vithal Rukhmini Mandir, in front of Shripad Childrens Hospital, Cidco, Aurangabad, 2) The Joint Charity Commissioner, Aurangabad Division, Aurangabad, 2 3) The Assistant Charity Commissioner, Jalna, Sub-Division, Jalna, 4) Charity Commissioner, Maharashtra State, Bombay. ...RESPONDENTS. ... Mr.Gaurishankar Bhurmal Joshi, Party in person for Petitioners. Mr.V.V. Bhavthankar Advocate for Respondent No.1. Mr.D.R. Kale, A.G.P. for Respondent Nos. 2 to 4. ... CORAM: K.K. TATED, J. DATE : 7TH SEPTEMBER, 2009. PER COURT : 1. In the present Writ Petition, Advocate Mr.S.S. Nirkhee filed his Vakalatnama on behalf of the Petitioners, but today the Petitioner No.7 Mr. Gaurishankar Bhurmal Joshi filed letter dated 5th September, 2009 of their Advocate in which he has stated that he is not keeping well and therefore he has given his no objection to the Petitioners to appoint some other Advocate. The said letter dated 5th September, 2009 is taken on record and marked as "X" for identification. The Petitioner No.7 states that he do 3 not want to appoint any other Advocate but he is ready to argue the present Writ Petition on behalf of the Petitioners. 2. Present Writ Petition filed by the Petitioners challenging the order dated 5th May, 2009 passed by Joint Charity Commissioner, Aurangabad and order dated 17th June, 2009 passed by Charity Commissioner, Maharashtra State, Mumbai. It is the case of the Petitioners that they filed transfer petition under Rule 36 (III) of the Bombay Public Trust Rules, 1951 in Enquiry No.820 of 2005. The said Application came to be rejected by order dated 5th May, 2009. Thereafter the Petitioners preferred Application No.21 of 2009 under Rule 36 of the Bombay Public Trust Rules before the Charity Commissioner. The said Application No. 21 of 2009 also came to be rejected on 17th June, 2009. Thereafter the Petitioners filed present Writ Petition in this Court on 3rd July, 2009. 3. When the present Writ Petition was on Board on 29th August, 2009, learned counsel for Respondent No.1 made a statement that in meanwhile Enquiry No.820 of 2005 4 finally decided by the Assistant Charity Commissioner, Jalna Region, Jalna on 25th August, 2009. Therefore, this Court directed the learned counsel for Respondent No.1 to produce a copy of the order dated 25th August, 2009 passed by the Assistant Charity Commissioner, Jalna Region, Jalna in Enquiry No.820 of 2005. Same is produced by the learned counsel for Respondent No.1. The Petitioner No.7 states that though they made application before the Assistant Charity Commissioner, Jalna Region, Jalna that they already preferred Writ Petition No.4666 of 2009 challenging the order dated 17th June, 2009 passed by the Charity Commissioner in Application No.21 of 2009, instead of staying the further hearing, the Assistant Charity Commissioner proceeded with the hearing of Enquiry No.820 of 2005. The Petitioner No.7 further submitted that they placed on record before the Assistant Charity Commissioner the copy of Authority in the matter of Kishor s/o Bhikansingh Rajput vs. Preeti w/o Kishor Rajput, reported in 2007 (4) ALL M.R. Page 231. In that case, the High Court held that, normally when the High Court is ceased of the matter, it is expected of the subordinate courts to stay their hands away. 5 4. In any case, there was no stay in the present Writ Petition and therefore the Assistant Charity Commissioner, decided Enquiry No.820 of 2005 finally on 25th August, 2009. Therefore, nothing survive in the present Writ Petition and the same is dismissed summarily. [K.K. TATED, J.] asb/SEPT09/wp4666.09