1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3461 OF 2008 1. Bhogawati Shikshan Prasarak Mandal, Shahunagar & ors. Petitioners vs. 1.Bhogawati SSK Shahunagar & ors. Respondents Mr.P.K.Dhakephalkar, Senior Advocate for Shri S.S.Patwardhan for the petitioners. Mr.H.S.Venegaonkar for respondent no.3. Mr.S.D.Rayrikar for respondent No.4. CORAM : R.V. MORE,J. DATED : 10th July, 2008 P.C. Heard Mr.Dhakephalkar, the learned senior counsel along with Mr.Patwardhan, the learned counsel for the petitioners and Mr.Venegaonkar, the learned counsel for respondent no.3. 2. The petitioners takes exception to the order dated 16.5.2008 passed by the Incharge Deputy Charity Commissioner, Kolhapur Region, Kolhapur, in an Application No.741/2008 filed by respondent no.3 under section 41A of the Bombay Public Trusts Act. By the impugned order, the Chairman and Managing Director of Bhogavati Sahakari Sakhar Karkhana is directed to look after the petitioner no.1’s financial transaction as 2 well as the appointment, transfer and promotion. They were also directed to take policy decision in this regard. The contention of the petitioners is twofold. Firstly that this order is passed without hearing them and secondly, the Incharge Deputy Charity Commissioner exceeded his jurisdiction vested in him under section 41-A of the Bombay Public Trusts Act while passing the order. 3. Mr.Venegaonkar, the learned counsel for respondent no.3 at whose instance the impugned order is passed, in view of above submission has no objection if matter is remanded back to the Deputy Charity Commissioner, Kolhapur Region, Kolhapur to decide his application under section 41A afresh after granting opportunity of hearing to the petitioner. 4. In view of the above concession, I do not propose to record the reasons to support this order. However, I dispose of the writ petition by the following order: ORDER (1) The impugned order dated 16.5.2008 passed by the Incharge, Deputy Charity Commissioner, Kolhapur Region, Kolhapur below application No.741/2008 is quashed and set aside and the matter is remanded back for disposal 3 afresh in accordance with law as expeditiously as possible and preferably within three months from the date of receipt of this order. (2) The learned Deputy Charity Commissioner, will decide the respondent no.3’s application mentioned above, after granting opportunity of hearing the petitioners as well as respondent no.3, independently, on its own merits and without being influenced by the observation made in this order. (3) Parties to the petition undertakes to appear before the Incharge, Deputy Charity Commissioner, on 21.7.2008. (4) This Registry is directed to send back the record, if the same is received. 5. Writ petition is disposed of in the above terms. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]