1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LETTERS PATENT APPEAL NO.165 OF 2010 WITH CROSS APPEAL ST. NO.1991 OF 2010 IN WRIT PETITION NO.3407 OF 2009 (Shaligram s/o Kisan Chandurkar and another vs. Shri Sonaji Maharaj Shikshan Sanstha and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. LETTERS PATENT APPEAL NO.165/2010 Shri V.M. Deshpande, Advocate for appellants. Shri N.R. Saboo, Advocate for respondent nos. 3 to 6. -------- CROSS APPEAL ST. NO.1991 OF 2010 Shri N.R. Saboo, Advocate for appellant. -------- CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JULY 29, 2010 Heard learned Counsel for the parties. These two appeals are directed against the order dated 1/12/2009 passed by the learned Single Judge in Writ Petition No.3407/2009 whereby the 2 petition filed by the respondents has been partly allowed. In the writ petition, the respondents challenged the order dated 19/6/2009 passed by the Assistant Charity Commissioner, Buldhana in Miscellaneous Application No.858/2008 whereby the said application filed by the respondents was rejected. By that application, the respondents sought direction to hand over charge of the Trust to the elected Body, i.e. to petitioner nos. 1 to 6 in the writ petition. We have perused the impugned order. The learned Single Judge after considering the controversy and history of the litigation commencing from 1993 and that the elections of the Managing Committee were held as per the order of the Assistant Commissioner dated 2/4/2007, kept both the appellants aside and directed to hand over charge of the Trust to the other elected members of the Managing Committee, i.e. to petitioner nos. 3 to 6 in the writ petition. The appellants were also elected along with petitioner nos. 3 to 6. Having considered the reasons stated in the order, we do not find any 3 reason to interfere with the order impugned in the present appeals. Hence, Letters Patent Appeal No.165/2010 is dismissed. In view of the dismissal of the letters patent appeal, learned Counsel for the appellants in Cross Appeal St. No.1991/2010 does not press the cross appeal. Hence, the cross appeal is disposed of as not pressed. All contentions of the parties are kept open. The Assistant Charity Commissioner, Buldhana shall decide the change report in accordance with law and without being influenced by his earlier order. JUDGE JUDGE khj