*1* wp.3801.10.953.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3801 OF 2010 Kishor Mohanlal Sugandha. ..Petitioner -Versus- Krantiveer Vasantrao Narayanrao Naik Shikshan Prasarak Sanstha and others. ..Respondents .......... Mr.R.A.Thorat with Ms.Deepa S. Matwankar, for the Petitioner. Mr.Venkatesh Shastri, for the Respondent No.1. Mr.Deepak Patil, for the Respondent No.2. Ms.Pallavi Dabholkar, for the Respondent No.3. Mr.R.M.Patne, AGP, for the Respondent No.6. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 05th July, 2011. P.C.: 1 The Petitioner is aggrieved by an order made during the course of proceedings before the Joint Charity Commissioner, Nashik Division, Nashik. The proceedings before the Joint Charity Commissioner are under Section 36(1)(a) of the Bombay Public Trusts Act, 1950, that application is still pending. The Petitioner made a request in writing which was numbered as Exhibit-137, which request has been turned down by the impugned order dated 02.03.2010 and hence, this Writ Petition. 2 The application which the Petitioner had made before the Joint Charity Commissioner was that one Satish Bhikaji Gatkal was objector No.2 in the said proceedings and he expired on 23.09.2009. The said Satish Bhikaji Gatkal and the Petitioner before me were carrying on business in partnership in the name and style “K Three Constructions”. The said partnership consisted of only two members. On the basis of this *2* wp.3801.10.953.sxw arrangement, the Petitioner applied for substitution in place of Satish Bhikaji Gatkal which request has been turned down and that is how the present Writ Petition is filed. 3 Having heard the parties at some length, I am of the opinion that there is no reason to interfere with the impugned order because it is not prejudiced to the Petitioner. If the Petitioner is carrying on business as developer and builder and is interested in the subject immovable property belonging to the trust, then, in his own capacity as either individual or jointly, carrying on business with some other person or distinct entity, he can still approach the Joint Charity Commissioner. If the Petitioner so approaches and deposits earnest money within four weeks, then, in the pending proceedings the Joint Charity Commissioner shall duly consider the bid of the Petitioner along with others and after hearing objections thereto including that of the Trust, the Joint Charity Commissioner shall take final decision on the pending application seeking his sanction. Since the main matter is pending since 2006, the Joint Charity Commissioner will be well advised to dispose of the same as expeditiously as possible and within a period of eight weeks from the date of receipt of this order. Needless to clarify that the Petitioner, if does not apply within the time stipulated above, would not be entitled to participate in the proceedings before the Joint Charity Commissioner. 4 The Writ Petition is disposed of in the above terms. No costs. (S.C. Dharmadhikari, J)