vss 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 WRIT PETITION NO.8221 OF 2008 WRIT PETITION NO.8221 OF 2008 WRIT PETITION NO.8221 OF 2008 Devasthan Management Committee Western Maharashtra, Kolhapur ... Petitioner V/s. The State of Maharashtra ... Respondent Mr.Vipin Kamdi for Petitioner Mr.P.P. Kakade, AGP, for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: DECEMBER 18, 2008 DECEMBER 18, 2008 DECEMBER 18, 2008 P.C.: P.C.: P.C.: . The petition challenges the order passed on 23.7.2008 by the Joint Charity Commissioner, Kolhapur region, Kolhapur in the Miscellaneous application No.2 of 2008 filed by the petitioner for restoring its application filed u/s 36(1A) of the Bombay Public Trusts Act, 1950. 2. It appears that an application was filed u/s 36 (1A) of the Bombay Public Trusts Act bearing No.29 of 2006 for obtaining the sanction of the Charity Commissioner for the sale of the property of the Devasthan. This application was dismissed by the Charity Commissioner as there were certain office objctions and the petitioner’s advocate was not present. An application being Miscellaneous application No.2 of : 2 : 2008 was, therefore, filed for restoring the application which was dismissed. However, the Joint Charity Commissioner has held that since the provisions of Civil Procedure Code are not applicable to proceedings before the Charity Commissioner, the application could not be restored. The learned advocate for the petitioner relies on the judgment in the case of Girdhar v/s. Rev.E.H. Lewellen & Anr., 1991 Mh.L.J. 891 1991 Mh.L.J. 891 1991 Mh.L.J. 891 in which it has been held that the Charity Commissioner discharges judicial functions while acting u/s 36 of the Bombay Public Trusts Act. 3. In this view of the matter, the Joint Charity Commissioner was obviously incorrect while passing the impugned order. The order is therefore set aside and the application No.29 of 2006 is restored to file. The petitioner shall remove the office objections within a week from today. 4. Writ petition is disposed of accordingly.