1 lpa85.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 85 OF 2009 IN WRIT PETITION NO. 7063 OF 2008 WITH CIVIL APPLICATION NO. 5041 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri M.R. Sonwane, advocate for the appellants. Shri V.B. Ghadge, A.G.P. for respondent/State. Shri V.B. Sonawane, advocate for the respondent no.1. Shri A.S. Bajaj, advocate for the respondent no.2. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 03rd August, 2011. . The order impugned in the present Letters Patent Appeal has been passed by the learned Single Judge on 30th April, 2009. We have been informed that a similar issue, as to whether the respondents are the persons having interest as defined under Section 2(10) of the Bombay Public Trust Act, is involved in Writ Petition No. 3901 of 2002 which has been admitted by the learned Single Judge and is pending for final hearing. 2. In these circumstances, in our opinion, the learned 2 lpa85.09 Judge ought to have admitted the Petition, notwithstanding the judgment of the Supreme Court, which was pointed out in the case of "Shree Gollaleshwar Dev and others V/s Gangawwa Kom Shantayya Math and others" reported at (1985) 4 Supreme Court Cases 393. 3. The impugned order is set aside. Rule issued in the Writ Petition. To be heard along with Writ Petition no. 3901 of 2002. The parties may move the learned Single Judge for a fixed date of hearing, in view of the settled law on this point. The Letters Patent appeal is disposed of. 4. In view of the disposal of the Letters Patent Appeal, the Civil Application is also dismissed. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/lpa85.09