IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 9270 OF 2007 WRIT PETITION NO. 9270 OF 2007 WRIT PETITION NO. 9270 OF 2007 Shri Ashok Prabhakar Dighe and another. ... Petitioners. V/s. Shrimant Sardar Sakharam Hari Gupte and others. ... Respondents. D.M.Gupte for the petitioner. S.V.Pitre for respondent Nos.1 to 10. Shankar Ratnaparkhi i/b. Sadab Peerzade for respondent No.11 S.D.Rayrikar, AGP for respondent Nos.12 and 13. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 15th January 2009. DATED: 15th January 2009. DATED: 15th January 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Rule, returnable forth with. Heard by consent of parties. 2. This petition is directed against the order dated 4th September, 2007 passed by the Joint Charity Commissioner, Pune Region, Pune dismissing application under section 41-D of the Bombay Public Trusts Act, 1950 recording absence of applicant and absence of evidence to frame charges. The photocopy of the roznama of the order-sheet dated 4th September, 2007 is produced on record; wherein the presence of Advocate Kadam appearing for the applicant is recorded. In this view of the matter, the impugned order runs contrary to the order-sheet recorded. It is, thus, obvious that the absence of the advocate for the applicant cannot be supported on the basis of order-sheet. 3. In the above view of the matter, by consent of parties, dispensing with the reasons for setting aside the impugned order, the impugned order is set aside. The matter is remanded to the Joint Charity Commissioner, Pune Region, Pune for disposal of the application afresh in accordance with law. All rival contentions are kept open. 4. Petition is disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)