1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4020 OF 2010 Vaijinath S/o Yadavrao Akat, Age : 74 Years, Occu. : Social Work and agriculture, R/o Jai Bhawani Nagar, College Road, Partur, Tq. Partur, District Jalna. .. .. Petitioner Versus 1. The State of Maharashtra, Through the Secretary, Law and Judiciary Department, Mantralaya, Mumbai -32. 2. The Assistant Charity Commissioner, Jalna, District Jalna. 3. Babasaheb S/o Apparao Akat, Age : 44 Years, Occu. : Agril., R/o. Jai Bhawani Colony, Station Road, Partur, Tq. Partur, District Jalna. .. .. Respondents Shri V. D. Hon, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri D. J. Choudhari, Advocate for the Respondent No. 3. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. 2 DATE : 29TH JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ directing respondent No. 2/Assistant Charity Commissioner, Jalna, to complete the enquiry in respect of Enquiry Application No. 230 of 2000. The other prayers are in respect of certain ad- interim reliefs which are sought for by the petitioner. 3. Most of the facts in this petition are not germane for decision of this petition. However, suffice it to state that the enquiry in respect of the change report which was submitted by the respondent No. 3 came to be accepted against which certain proceedings were initiated. The District Court in appeal initially had remanded the matter back for fresh enquiry, but thereafter by an application for review being tendered before him by the third respondent, set aside the earlier order of remand. The petitioner, thus being aggrieved by the said order of the District 3 Judge, filed Second Appeal in this Court which came to be allowed by judgment dated 21.07.2008 and the learned Single Judge of this Court ultimately set aside the order of the IVth Ad- hoc Additional District Judge, Jalna in review and confirmed the original order and remanded the matter back to the authorities for an enquiry afresh. The learned Single Judge further directed that the record and proceeding be remitted to lower Court forthwith. It appears that the judgment of the learned Single Judge in Second Appeal No. 756/2006 was challenged before the Supreme Court. The Supreme Court dismissed the Special Leave Petition filed by the respondent No. 3. 4. The situation which arises is that the enquiry which was initiated some time in the year 2000 is still pending. Nearly 10 years have passed in the various litigations being filed by either of the parties. In order to ensure that the said enquiry concludes as expeditiously as possible, according to us, it is necessary to direct the Assistant Charity Commissioner, Jalna, to decide the said enquiry within a certain stipulated period. Mr. Chaudhari, learned counsel for the respondent No. 3 states that, the record and proceedings have been called by the District Court in Misc. Civil Application No. 19/2010 and 89/2010. According to Shri Chaudhari, the hearing on the said application has been 4 concluded and the matter is fixed for orders on 03rd August, 2010. In that light of the matter, therefore, according to us, it is necessary that the record is remitted back from the District Court, Jalna, to Assistant Charity Commissioner, Jalna, in order to ensure that the said enquiry concludes expeditiously. We therefore, direct the District Court, Jalna to remit the record of Enquiry Application No. 230/2000 immediately back to the Assistant Charity Commissioner, Jalna, since the necessary orders in that behalf on the hearing of the said application are passed, the record be remitted back to the Assistant Charity Commissioner, Jalna, so that the Assistant Charity Commissioner, Jalna, can conduct the enquiry. The District Court, Jalna may summon for the record as and when required during the hearing of the miscellaneous civil application, but should ensure that the said record is remitted back forthwith as and when purpose for summoning the record is over. Endeavour should be made to ensure that the record is available with the Assistant Charity Commissioner, Jalna, so that there is no impediment in the progress of the enquiry. 5. We further direct the Assistant Charity Commissioner, Jalna, to take the enquiry in respect of Enquiry Application No. 230 of 2000 preferably on day today basis and conclude the 5 hearing as far as possible within six months of 10th Ausust, 2010. We expect the learned counsel for parties to represent the parties before the Assistant Charity Commissioner, Jalna as well as before the District Court in miscellaneous civil application to co- operate with the Courts below to ensure that the directions issued by this Court are carried out. 6. The writ petition is accordingly allowed. The rule is made absolute on the terms indicated above with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10