(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 4332 OF 2009 1. Keshav s/o. Balappa Doke, Age : 61 years, Occupation : Agriculture. 2. Vithalrao s/o. Sambhajirao Kharpade, Age : 63 years, Occupation : Agriculture. 3. Waman s/o. Piraji Birajdar, Age : 56 years, Occupation : Agriculture. 4. Suresh s/o. Pandharinath Bhatmode, Age : 46 years, Occupation : Service. 5. Ashok s/o. Vithalrao Kharpade, Age : 33 years, Occupation : Service. All r/o. Kharosa, Taluka : Ausa, District : Latur. .. Petitioners. versus 1. Pandharinath s/o. Sadashiv Sandore, Age : 61 years, Occupation : Agriculture. (2) 2. Motiram s/o. Narsingrao Birajdar, Age : 63 years, Occupation : Agriculture. 3. Babarao s/o. Martandrao Patil, Age : 76 years, Occupation : Agriculture. 4. Pralhad s/o. Sambhajirao Todkar, Age : 66 years, Occupation : Agriculture. 5. Vithal s/o. Bhagwanrao Hankune, Age : 66 years, Occupation : Agriculture. 6. Mallikarjun s/o. Parmeshwar Doke, Age : Major, Occupation : Agriculture. All r/o. Kharosa, Taluka : Ausa, District : Latur. 7. The Joint Charity Commissioner, Latur Division, Latur. .. Respondents. .......................... Mr. N.P. Patil Jamalpurkar, Advocate, for the petitioners. Mr. R.N. Dhorde, Advocate, holding for Mr. V.D. Godbharle, Advocate, for respondent nos.1 to 6. Mr. P.P. More, Assistant Government Pleader, for respondent no.7. (3) .......................... W I T H WRIT PETITION NO. 4606 OF 2009 1. Angad s/o. Babarao Birajdar, Age : 42 years, Occupation : Agriculture. 2. Datta s/o. Digambar Panchal, Age : 36 years, Occupation : Agriculture. 3. Mahesh s/o. Nagnath Kharpade, Age : 36 years, Occupation : Agriculture. 4. Tanaji s/o. Manohar Tike, Age : 42 years, Occupation : Teacher. All r/o. Kharosa, Taluka : Ausa, District : Latur. .. Petitioners. versus 1. The Joint Charity Commissioner, Latur Division, Latur. 2. Pandharinath s/o. Sadashiv Sandore, Age : 61 years, Occupation : Agriculture. (4) 3. Motiram s/o. Narsingrao Birajdar, Age : 63 years, Occupation : Agriculture. 4. Babarao s/o. Martandrao Patil, Age : 76 years, Occupation : Agriculture. 5. Pralhad s/o. Sambhajirao Todkar, Age : 66 years, Occupation : Agriculture. 6. Vithal s/o. Bhagwanrao Hankune, Age : 66 years, Occupation : Agriculture. 7. Mallikarjun s/o. Parmeshwar Doke, Age : Major, Occupation : Agriculture. All r/o. Kharosa, Taluka : Ausa, District : Latur. .. Respondents. ............................. Mr. A.N. Irpatgire, Advocate, for the petitioners. Mr. P.P. More, Assistant Government Pleader, for respondent no.1. Mr. R.N. Dhorde, Advocate, holding for Mr. A.C. Darandale, Advocate, for respondent nos.2 to 7. ************** (5) CORAM : B.R. GAVAI, J. DATE : 16TH NOVEMBER 2009. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioners in both the petitions have challenged the order dated 23rd June 2009, passed by the learned Joint Charity Commissioner, Latur, below Exhibit 25 in Inquiry No. 29/2007, under Sub-Section 3 of Section 41-D of the Bombay Public Trusts Act, 1950 (For short, "the Act"), thereby allowing the application filed by the respondent nos.1 to 6 in Writ Petition No. 4332/2009 i.e. respondent nos. 2 to 7 in Writ Petition No. 4606/2009. 3. I have heard the learned Counsel for the parties, at length. 4. Admittedly, an application for interim orders, under Sub- Section 3 of Section 41-D of the Act has been filed along with the main petition under Section 41-D, on 17th October 2007. The charges are framed on 28th August 2008. I, therefore, find that since the matter has been pending for such a considerable length of time, it was not justified on the part of the learned Joint Charity Commissioner to have passed an interim order at this stage. The learned Joint Charity Commissioner would have very well disposed of the main application itself after considering rival submissions. (6) 5. In that view of the matter, though substantive arguments have been advanced by Mr. N.P. Patil Jamalpurkar and Mr. A.N. Irpatgire, learned Counsel appearing for the petitioners, and Mr. R.N. Dhorde, learned Counsel appearing for the contesting respondents, I do not find it necessary to go into the merits or de-merits of the submissions made, inasmuch as, the said submissions can very well be advanced by the respective parties before the learned Joint Charity Commissioner before he passes an order on the main application under Section 41-D of the Act. However, at the same time, interest of the Trust, in question, i.e. Mahatma Basweshwar Shikshan Prasarak Mandal, Kharosa (Taluka : Ausa, District : Latur) would also have to be safeguarded. I find that the same can be done by imposing certain restrictions on the exercise of powers by the present petitioners. 6. At this stage, Mr. R.N. Dhorde, learned Counsel appearing for the contesting respondents, state that the petitioners have filed application for transfer of the proceedings from the file of the learned Joint Charity Commissioner, Latur, to the file of the learned Charity Commissioner, Mumbai. Mr. N.P. Patil Jamalpurkar, learned Counsel appearing for the petitioners in W.P. No. 4332/2009, on instructions, states that the said application would not be pressed by the petitioners. 7. Hence, the petitions are partly allowed. (i) The impugned order dated 23rd June 2009, passed by the learned Joint Charity Commissioner, Latur, below Exhibit 25 in Inquiry No. 29/2007, is quashed and set aside. (7) (ii) The respondent viz. learned Joint Charity Commissioner, Latur, is directed to hear and decide the main application i.e. Inquiry No. 29/2007, filed by the respondent nos.1 to 6 in Writ Petition No. 4332/2009 (i.e. respondent nos. 2 to 7 in Writ Petition No. 4606/2009), under Section 41-D of the Act, on its own merits and after giving reasonable opportunity of hearing to the petitioners as well as the contesting respondents. The same shall be done within a period of three months from today. (iii) Parties to appear before the learned Joint Charity Commissioner, Latur, on 30th November 2009. In that view of the matter, formal notice shall not be required to be served on the petitioners, as well as, the contesting respondents. (iv) Till disposal of the application under Section 41-D of the Act, by the learned Joint Charity Commissioner, there shall be following restrictions on the exercise of powers by the present petitioners : (1) The petitioners shall not take any decision pertaining to financial matter or a major policy decision without prior approval of the Deputy Charity Commissioner, Latur, and (2) The petitioners shall not make an appointment, transfer and dismissal of an employee without obtaining prior permission of the Deputy Charity Commissioner, Latur. (8) 8. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( B.R. GAVAI ) JUDGE ......................... bgp/wp4332etc