IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3283/2010 (Leeladhar P. Wankhede vrs. Assistant Charity Commissioner and others) ................................................................................................................................................... ...... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... ...... Shri Shashikant Borkar, counsel for petitioner. Shri D.M.Kale, AGP, for respondent no.1. Shri Abhay Sambre, counsel for R-4 to 6. CORAM : R. K.DESHPANDE, J. DATED : 14th DECEMBER, 2010. This petition challenges the order dated 22.4.2010 passed by the learned Assistant Charity Commissioner, Bhandara, dismissing the application filed by the petitioner for dismissal of the change report as infructuous. The Assistant Charity Commissioner has held that the matter is part heard, the enquiry is going on, there is no provision in the Bombay Public Trust Act to dismiss the case in this way and therefore, the matter is required to be considered. The contention of Shri Borkar is that if the change reports which are pending for enquiry are allowed then in that event, it would result in inconsistency between the order passed by the superior court and the order passed by the Assistant Charity Commissioner. This aspect is required to be looked into when the court shall decide the proceedings on merits. The rejection of the application for rejection of the change report as infructuous, does not call for interference under Article 226 and 227 of the Constitution. The petition is, therefore, dismissed. JUDGE Rvjalit