1 mss OSWP690 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 690 OF 2011 DRUVKUMAR DWARKANATH CHATURVEDI & ANR. .. PETITIONERS Vs. SHREE SAMUDRI MATA TEMPLE TRUST & ORS. .. RESPONDENTS Mr. E. A. Sasi for the petitioners Mr. Kapol Moye with Saumish Gala i/b Markand Gandhi & Co. for R-1 to 8 Mr. J. Reis for R-9-11. Mr. R. A. Lokhande, Hon. AGP for R-12 & 15 CORAM: SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED: 7/6/2011 P.C. The petitioners have challenged order dated 20/5/2010 passed by the Charity Commissioner, Maharashtra State, Mumbai, in Application No. J-A37/2010 under Section 36(a) of the Bombay Public Trust Act, 1950. However, the said order is not annexed to the 2 mss OSWP690 petition. In any case, in our opinion, the disputed questions of facts which have been agitated in the petition cannot be decided by us in our writ jurisdiction. The petitioners, however, may adopt any other appropriate remedy, if they are so advised. In view of this, learned counsel for the petitioners seeks permission to withdraw the petition with liberty to adopt appropriate remedy. 2. Petition is allowed to be withdrawn with liberty as prayed. We, however, make it clear that we have not expressed any opinion on the merits of the case and if any appropriate remedy is adopted by the petitioners, the forum seized of the said proceedings shall deal with it independently and in accordance with law. 3. Petition is disposed of as withdrawn. (SMT. RANJANA DESAI, J.) (RANJIT MORE, J.)