1 W.P.No.4044.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 4044 OF 2010 Ugrasen Dubhaji Nelwade and others ... PETITIONERS V E R S U S The joint Charity Commissioner Latur Region, Latur and ors. ... RESPONDENTS ... Mr. V.D.Gunale,Advocate for Petitioners Mr. V.B.Ghatge, A.G.P.for respondent-State ... CORAM : V.R.KINGAONKAR, J. DATE : 4TH MAY, 2010. PER COURT : 1] Heard Counsel. 2] The petitioners seek transfer of the proceeding from Deputy Charity Commissioner to Assistant Charity Commissioner Solapur or Osmanbad. The Joint Charity Commissioner, Latur region rejected their application. The application was under Rule 36(iii) of the Bombay Public Trusts Rules 1951. It appears that the enquiry proceeding was going on regarding change report. The Deputy Charity Commissioner, Latur allegedly did not take up the matter of enquiry though the respondents did not 2 W.P.No.4044.10 appear on the given date. The grievance of the petitioners is that the proceedings were being protracted. The enquiry proceedings vide Enquiry No. 305 of 2003 is not expeditiously completed by the Deputy Charity Commissioner Latur and as such transfer was sought. 3] Rule 36 (iii) of the Bombay Public Trusts Rules, 1951 reads as follows : “Rule 36: Additional duties and powers of the Charity Commissioner- In addition to the duties and powers enumerated in section 69, the Charity Commissioner shall perform duties and exercise powers set down below:- (i) XXXX (ii) XXXX (iii) The power at any stage to transfer any proceedings pending before any Joint, Deputy or Assistant Charity Commissioner to another Joint, Deputy or Assistant Charity Commissioner, as the case may be, or take over himself for disposal. 4] Perusal of above rule would show that such power is available to the Charity Commissioner of Maharashtra. The Joint Charity Commissioner Latur, region is not 3 W.P.No.4044.10 empowered to transfer the proceedings from his region to another region. The learned Joint Charity Commissioner observed that, “If change report inquiries is transferred out of Latur District it would cause unnecessary harassment to the parties”. He noticed that such transfer was sought on account of convenience of the concerned Advocate of the petitioners. Consequently, the transfer application was rejected. There appears nothing perverse in the impugned order. No case is made out for interference. The petition is dismissed. 5] The Deputy Charity Commissioner shall expeditiously complete the enquiry proceedings. Sd/- ( V.R.KINGAONKAR ) JUDGE MTK 4 W.P.No.4044.10