1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.161 OF 2010 Namdeo Bapu Patil & Ors. ...Petitioners Vs. Rangrao Dadu Shinde & Ors. ...Respondents Mr.V.A.Shastry, Advocate for the Petitioners Mr. T.S. Ingale, Advocate for Respondents 1 to 11 Mrs. S.S.Bhende, A.G.P for Respondent No.12. CORAM : SMT.ROSHAN DALVI, J. DATED : 15TH FEBRUARY, 2010 P.C. : 1. Rule. Rule returnable forthwith. 2. There is a lot of controversy between the parties on who should be heard first and who should be heard along with the others by the Asstt. Charity Commissioner. The fact remains that both the parties have filed change reports. The Respondents have filed change reports first. Their change reports are directed to be heard. They are being heard. The Respondents’ Advocate states that the evidence is complete. The arguments have to proceed. 3. The Petitioners have also filed their change reports. The Petitioners have 2 also filed their scheme application. The locus of the Petitioners in the scheme application shall have to be seen. To see that locus their change reports would have to be considered. Hence the Petitioners’ change reports and their scheme application must go hand in hand and be heard together. 4. Before that is done the learned Asstt. Charity Commissioner has already commenced hearing the Respondent’s change reports. 5. It would be prudent that one Asstt. Charity Commissioner hears all these applications one after another. This would result in proper case management as the learned Asstt. Charity Commissioner would understand the dispute between the parties threatbare. 6. Hence the following order:- 1. The learned Asstt. Charity Commissioner shall hear and continue to hear the change reports filed by the Respondents in which evidence is complete. He shall decide those applications so soon as they are heard. Immediately after he decides the Respondents’ change reports, the same learned Asstt. Charity Commissioner shall commence the hearing of the Petitioners’ scheme application. He shall also hear and consider the change reports of the Petitioners with the scheme application specially as the locus of the Petitioners is challenged and is to be decided. 2. The Writ Petition is allowed and Rule is made absolute accordingly. (SMT.ROSHAN DALVI, J.)