1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2888 OF 2009 1. Hiraman Dhanaji Gunjal, Age 70 yrs., Occu. Agri., R/o. Avana, Tq. Bhokardan, Dist. Jalna. 2. Bhanudas s/o. Sitaram Lokhande, Age 40 yrs., Occu. Business, R/o. Aurangabad (Mukundwadi) 3. Ramesh s/o. Shripatrao Hinge, Age 23 yrs., Occu. Education, R/o. Avana, Tq. Bhokardan, Dist. Jalna. ....Petitioners. Versus 1. Shri. Anand Devgir Giri, Age 49 yrs., Occu. Service, President, Shivaji Shikshan Sanstha, Avahana, R/o. Avahana, Tq. Bhokardan, Dist. Jalna. 2. Shri. Raosaheb Dadarao Danve, Age 54 yrs., Occu. Agri., Vice­President, Shivaji Shikshan Sanstha, Avahana, R/o. Javkheda (Khu), Tq. Bhokardan, Dist. Jalna. 3. Shri. Manikrao Mahadu Gawande, Age 54 yrs., Occu. Agril., Secretary, Shivaji Shikshan Sanstha, Avahana, R/o. Avhana, Tq. Bhokardan, Dist. Jalna. 4. Shri. Ramlal Nandlal Pandhare, Age 56 yrs., Occu. Agril., Joint Secretary, Shivaji Shikshan Sanstha, Avahana, R/o. As above. 2 5. Shri. Raghunath Mahadu Bhandare, Age 55 yrs., Occu. Agri., Treasurer, Shivaji Shikshan Sanstha, Avahana, R/o. As above. 6. Shri. Prabhakar Shankarrao Hinge, Age 60 yrs., Occu. Agri., Member, Shivaji Shikshan Sanstha, Avhana, R/o. As above. 7. Shripat Shankarrao Hinge, Age 54 yrs., Occu. Business, R/o. As above. 8. Assistant Charity Commissioner, Jalna, Region Jalna. ....Respondents. Shri. H.H. Padalkar h/f. Shri. S.V. Kurundkar, Advocate for petitioners. Shri. S.P. Deshmukh, Advocate for respondent No. 2. Shri. U.A. Khekale, h/f. Shri. B.V. Virdhe, Advocate for respondent Nos. 4 & 5. Shri. P.R. Katneshwarkar, Advocate for respondent No. 6. Shri. P.D. Bachate, Advocate for respondent No. 7. Shri. T.S. Lodhe, A.G.P. for respondent No. 8. CORAM : R.K. DESHPANDE, J. DATE : 13th July, 2010. ORAL JUDGMENT : 1. This writ petition challenges the common order passed below Exhs. 12, 14 and 16 by the Assistant Charity Commissioner, Jalna Region, Jalna on 3rd of February, 2009 in Inquiry No. 820/2008. 3 2. Notices in this petition were issued on 5.5.2009. In response to it, Shri. S.P. Deshmukh, the learned counsel appears for respondent No. 2, Shri. U.A. Khekale holding for Shri. B.V. Virdhe appears for respondent Nos. 4 and 5, Shri. P.R. Katneshwarkar appears for respondent No. 6, Shri. P. D. Bachate appears Advocate for respondent No. 7, Shri. T.S. Lodhe, the learned A.G.P. appears for respondent No. 8. The learned counsel for the parties agree that the matter can be finally disposed of at this stage. Hence, Rule, made returnable forthwith. Matter is heard by consent of parties. 3. The applications at Exh. 12, 14 and 16 were made by the petitioner Nos. 1 to 3 under section 73­A of the Bombay Public Trusts Act, 1950 for being joined as party respondents in the proceedings of Inquiry No. 820/2008 under section 22 of the Bombay Public Trusts Act. These applications are rejected. However, there is no finding recorded on the question, whether the petitioners are the persons, having interest in the public trust. In the absence of this finding, the common order passed by the Assistant Charity Commissioner, rejecting the applications, cannot be sustained. The Assistant Charity Commissioner has failed to exercise its jurisdiction in recording such finding as contemplated by section 73­ A read with section 2(10)(d) of the Bombay Public Trusts Act, 1950. The order, therefore, vitiates on this only ground and is liable to be set aside. 4. The learned counsels appearing for the respondents have invited 4 my attention to the finding recorded by the Assistant Charity Commissioner that there is an allegation of fabrication in the proceeding book and in view of that, a finding is recorded that there is no transparency in the respective cases made out by the petitioners in Exhs. 12, 14 and 16. However, there is no finding that the fabrication was to show that the petitioners are persons, interested in the trust. In the absence of these findings, the Assistant Charity Commissioner is wrong in holding that there is no transparency in respective cases, to reject the applications filed by the petitioner. 5. In the result, the instant writ petition is allowed. The order dated 3.2.2009 passed by the Assistant Charity Commissioner, Jalna, rejecting the applications, Exhs. 12, 14 and 16, in Inquiry No. 820/08 is hereby quashed and set aside. The matter is remitted back to the concerned authority for deciding those applications afresh. It is made clear that this Court has not made any observations on merits of the matter and the Assistant Charity Commissioner shall decide the applications on its own merits in accordance with law. No order as to costs. [ R.K. DESHPANDE, J. ] ssc/wp2888.09