-: 1 :- wp-6648/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6648 OF 2011 Anjuman Tahzeebul Akhalque & Ors. ..Petitioners. Versus Dr. Mukhtarul Hasan M. Ansari & Ors. ..Respondents. Mr. M. M. Vashi a/w Prachi Khandke i/b M/s. M. P. Vashi & Associates for the petitioners. Mr. S. M. Kamble for R1 to 7. Mr. P. S. Cardozo, AGP for R- 8 & 9. Coram : RANJIT MORE, J. Date : August 22, 2011. P. C. : 1. Heard Mr.Vashi, learned counsel for the petitioner, Mr. Kamble, learned counsel for respondent nos.1 to 7 and Ms. Cardozo, learned AGP for respondent nos. 8 & 9. 2. By the order dated 6/5/2011 the Dy. Charity Commissioner, Nashik Region, Nashik rejected two Change Reports filed by the respective parties. Simultaneously directions were also issued under section 41-A of Bombay Public Trusts Act, 1950 to the Chairman to enroll new members. This order was challenged by filing an appeal under section 70 of the BPT Act, 1950 by the petitioner before the Joint Charity Commissioner, Nashik. The Petitioner also challenged the said order by filing Writ Petition being Writ Petition No. 4026 of 2011 before this court. That writ petition was disposed of by this Court [Coram : S. C. Dharmadhikari,J.] vide srp -: 2 :- wp-6648/11 order dated 10/6/2011 with a direction to the Joint Charity Commissioner, Nashik to dispose of the petitioner’s appeal on merits within the period of two months. 3. Thereafter, the petitioner filed Miscellaneous Application No. 21 of 2011 before the Charity Commissioner, Maharashtra State, Mumbai with a request to transfer Appeal No. 39 of 2011 to some other Joint Charity Commissioner for the reasons stated in paragraph no.7 of the said application. This application was rejected only on the ground that this Court by order dated 10/6/2011 in Writ Petition No.4026 of 2011 had directed the Joint Charity Commissioner, Nashik to dispose of the petitioner’s appeal within two months and any order transferring the proceeding of appeal to any other Joint Charity Commissioner would be in breach of the order of High Court. The Learned Charity Commissioner did not go into merits of the allegations made in said miscellaneous application. Mr. Kambale, learned counsel for respondent nos. 1 to 7, however, submitted that he has no objection if the proceedings of appeal are transferred to any other Joint Charity Commissioner. Since the concession is given by learned counsel for the respondents without going into merits of the allegations made in paragraph no.7, in my view, the interest of justice will be subserved by transferring Appeal No. 39 of 2011 from the file of Joint Charity Commissioner, Nashik to any other Joint Charity Commissioner. -: 3 :- wp-6648/11 Hence, I dispose of the writ petition by passing following order. -: O R D E R :- (i) The proceeding of Appeal No.39 of 2011 filed by the petitioner and pending on the file of Joint Charity Commissioner, Nashik Region, Nashik is withdrawn and same is transferred to the Joint Charity Commissioner, Mumbai Region, Mumbai. (ii) The Joint Charity Commissioner, Nashik Region, Nashik is directed to deliver, within the period of two weeks from the date of receipt of a copy of this order, the record and proceeding of Appeal No. 39 of 2011 to the office of Joint Charity Commissioner, Mumbai Region, Mumbai (iii) In view of the directions for expeditious disposal given by this Court in Writ Petition No. 4026 of 2011, the Joint Charity Commissioner, Mumbai Region, Mumbai is directed to dispose of the aforesaid appeal as expeditiously as possible and preferably within the period of two months from the date of receipt of proceedings from the office Joint Charity Commissioner, Nashik Region, Nashik. (RANJIT MORE, J.)