1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608 OF 2009 Shri Shahkar Sakharam Patil and anr .. Petitioners Vs Shri Vilasrao B Tekawade and anr .. Respondents Mr. G. H. Keluskar, Advocate for the petitioners. Mrs. S. S.Bhende, AGP, for the Respondents. CORAM : D.B.BHOSALE, J. DATE : 10/08/2009 PC: 1. Heard learned counsel for the parties. 2. Rule. Returnable forthwith. Counsel for the respondents waive service. Petition is heard finally with the consent of the parties. 3. By this writ petition, the petitioners have impugned an order dated 30.7.2007 passed by the Assistant Charity Commissioner, Greater Mumbai Region, Mumbai, dismissing the application no.ACC-II/21/06 for want of jurisdiction under section 41A of the Bombay Public Trusts Act,1950 (for short, “the Act”). There is no dispute that the powers under section 41A of the Act have been conferred on Assistant Charity Commissioners by order dated 10.6.1975. The relevant order T 2 reads thus; “Bombay Public Trusts Act,1950. 253 No.12674/P- In exercise of the powers conferred by sub-section (2) of section 8 of the Bombay Public Trusts Act,1950 (Bom. XXIX of 1950), the Government of Maharashtra hereby directs that - (1) the function of the Charity Commissioner to receive budgets submitted to him under section 31A of the said act may also be performed, and (2) the power of the Charity Commissioner to issue directions to any trustee of a public trust or any person connected therewith under section 41A of the said act may also be exercised, by the Deputy Charity Commissioners and Assistant Charity Commissioners of the Charity Organization within their respective jurisdiction By order and in the name of the Governor of Maharashtra. A.A.Jinwala. Secretary to Government. “ In view of the aforementioned order, the impugned order deserves to be set aside. Order accordingly. The Assistant Charity Commissioner shall proceed to hear and decide Application No.21 of 2006 filed by the petitioners under section 41A of the Act expeditiously. With this direction, Rule is disposed of. (D. B. Bhosale, J.) 3