1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 149 OF 2010 Beed Zilla Ustod Kamgar Vikas Mandal & others .. PETITIONERS VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. R.R. Suryawanshi, advocate for the petitioners. Mr. N.N. Jadhav, AGP for the State. Mr. Vivek Bhavthankar, advocate for respondent no. 4. Mr. R.B. Bhosale, advocate for respondent nos. 6 and 7 ===== CORAM : R. M. BORDE, J. DATE : 7 th SEPTEMBER, 2010. PER COURT : 1 This petition can be disposed of in terms of the interim order passed by this court on 26-3-2010. The petitioners are challenging the order passed below exh. 1 in application No. 26/2007 whereby the Jt. Charity Commissioner has directed suspension of the trustees during the conduct of enquiry under section 41 D of the Bombay Public Trust Act and further 2 appointed one B.V. Khose advocate as a fit person to look after management of the trust. This court has time and again expressed view that the action under section 41-D of the Act is an extreme act and unless an exceptional case is made out, the Charity Commissioner shall not resort to pass interim order of suspension of the trustees. Reference can be made to the observation of this court in a judgment reported in 2008(1) Bom.C.R. 172 in the matter of Mallikarjunappa Sidramappa Bidve and others vs. Jt. Charity Commissioner and others. 2 In the instant matter, it is pointed out that the enquiry proceedings are being continued before the Jt. Charity Commissioner. The Jt. Charity Commissioner has liberty to proceed with the enquiry and after recording evidence of the parties he may pass appropriate final order under section 41-D of the Act. So far as the interim order passed by the Jt. Charity Commissioner is concerned, the same has been directed to be stayed on fulfillment of certain conditions by order dt. 26-3-2010. Interim stay granted by this court on 26-3-2010 shall remain operative till final disposal of the enquiry proceeding before the Jt. Charity Commissioner. No further orders are required to be passed in the matter. The Jt. Charity Commissioner shall decide the enquiry proceeding within six months from today. Petition stands 3 disposed of. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp149.10.odt