vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4673 OF 2008 WRIT PETITION NO.4673 OF 2008 WRIT PETITION NO.4673 OF 2008 Shri Balkrishna Kale & Anr. ... Petitioners V/s. State of Maharashtra & Ors. ... Respondents Mr.Sageer Ahmed i/b Judicare Law Asso. for Petitioners Ms.S.S. Bhende, AGP, for State Mr.S.D. Patil for Respondent No.4 Mr.A.D. Kango for Resp. Nos.5 to 7 CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: APRIL 16, 2009 APRIL 16, 2009 APRIL 16, 2009 P.C.: P.C.: P.C.: . The petitioner has prayed for the following reliefs: a. That this Hon’ble Court be pleased to issue a writ in the nature of Mandamus and/or anyother appropriate writs, orders/directions to the Respondent Nos.1 and 2 to act upon the order/direction dated 15th February 2006 passed by Jt.Charity Commissioner to take necessary steps against the Respondent Nos.4 to 12 by invoking the provisions under Chapter VI of the Bombay Public Trust Act 1950, without fail within three months. b. That this Hon’ble Court be pleased to issue a writ in the nature of Mandamus and/or any other appropriate writs, orders/directions to the Respondent NOs.1 and 2 to act upon the Special Audit Report dated 22nd January 2007 submitted by the Chartered Accountants finding the Respondent Nos.4 to 12 guilty of financial irregularities in the funds of the said Trust pursuant to the order dated 27th May 2005 passed by the Ld. Charity Commissioner, Maharashtra State as per request of the Asstt. Police Commissioner, Anti Corruption Bureau, Mumbai, to : 2 : conduct special audit of the accounts of the said trust as required in C.R. NO.61/2002. c. That this Hon’ble Court be pleased to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the Respondent Nos.4 to 12 and their servants, agents or officers not to dispose of, alienate or transfer the properties built up out of the funds of the said trust till completion of the recovery proceeding under chapter VI of the BPT Act. d. That pending hearing and final disposal of the above Petition this Hon’ble Court be pleased to restrain the Respondent No.4 to 12 by way of injunction from disposing of their properties. e. for interim and ad-interim reliefs in terms of prayer clause (d) hereinabove; f. For the costs of this Petition; g. For such other and/or further relief(s) as the nature and circumstances of the case may require. 2. In my opinion, these prayers are not those which can be granted by this Court under Article 227 of the Constitution of India. The power of superintendence which is available under Article 227 of the Constitution can be exercised by a Single Judge of this Court. However, the prayers indicate that the petitioner desires to have the order dated 15.2.2006 implemented by the Assistant Charity Commissioner. In my view, therefore, this petition would not be maintainable since it is filed under Article 227 of the Constitution of India. : 3 : 3. Petition rejected.