: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7172 OF 2008 WRIT PETITION NO.7172 OF 2008 WRIT PETITION NO.7172 OF 2008 Satish Gadiyar ...Petitioner. V/s. Nashik Industries Manufacturers Association (NIMA) & Ors. ...Respondents. Mr.Ajay Talhar i/by Smt.Shilpa Linge , advs. for the Petitioner. Mr.C.R.Sonawane, AGP for the Respondent/State. CORAM: Bilal Nazki CORAM: Bilal Nazki CORAM: Bilal Nazki & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 20th October, 2008. DATE : 20th October, 2008. DATE : 20th October, 2008. P.C.: P.C.: P.C.: 1. The petitioner contends that the Deputy Commissioner after conducting enquiry under Section 41B of the Bombay Public Trusts Act, 1950 is bound to send his report under Sub-section 7 of Section 41(B) to the Commissioner. But in the present case, he decided and disposed off the matter himself without sending any report to the Commissioner as envisaged under sub-section 7 of Section 41(B). In view of what we are about to say, we do not test these contentions of the petitioner as to whether in all cases, the Deputy Commissioner conducting enquiry, under sub-section 7 is bound to send report to the Commissioner or not. Under sub-section 8, Charity Commissioner has suo-motu power also to call for : 2 : proceedings of any enquiry made under Section 41(B) and to take action as he deems fit as the Commissioner has suo-motu power. Therefore, the petitioner could have approached the Commissioner and sought the direction to ask for report from the Deputy Commissioner. We do not think that writ petition is maintainable and is accordingly, dismissed. Liberty to the petitioner to approach the Charity Commissioner. (Bilal Nazki, J.) (Bilal Nazki, J.) (Bilal Nazki, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)