1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5186 OF 2008 (Baban Kewalram Rangari & Ors. vs. Kalyan Laluji Gongre & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 11, 2008. Heard Shri Bari, learned counsel for the petitioners and Shri Patel, learned AGP for respondent No. 12. The challenge is to certain directions issued under Section 41A of Bombay Public Trusts Act, 1950, (hereinafter referred to as the Act) by Respondent No. 12 on 28.7.2008. The learned counsel for the petitioners has contended that as the petitioners represent elected body, no fetters could have been placed on their powers and he further states that the property is purchased in the name of their wives and it is their personal property. He contends that as the property is not trust property, a direction for giving the details, as sought for vide clause (4) of the operative part of the order could not have been issued. The learned AGP supports the impugned order and he states that there is no adverse 2 directions in it. The learned AGP has invited attention to provisions of Section 41-A of the Act to point out that Respondent No. 12 has to ensure that the Trust is properly administered, income thereof is properly accounted and duly appropriated. He states that the directions are only issued to find out whether the Trust is being properly administered and its income has been properly accounted for. He further states that the enquiry into the property in the names of their wives is also being made only by keeping in view said object. After perusal of entire order and the directions, I am satisfied that interest of present petitioners is not prejudiced at this stage in any way. Though the petitioners are elected body, the authority has found certain reasons for issuing said directions and it has given directions to the applicants as also to non applicants. If after the details are furnished and the authority finds it necessary to take any further steps, the authority will give appropriate notice and opportunity before embarking upon any such exercise. No case is made out warranting any interference in writ jurisdiction. It is dismissed. No order as to costs. JUDGE *GS.