(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 3854 of 2009 Dr. Abdul Gaffar Quadri s/o. Abdul Razzak Quadri & 5 others. .. Petitioners. versus Munwar Ahmed s/o. Naeem Ahmed & 6 others. .. Respondents. .................. Mr. S.S. Deo, Advocate, for the petitioners. .................. CORAM : B.R. GAVAI, J. DATE : 25TH JUNE 2009. COURT’S ORDER : 1. By way of present petition, the petitioners have challenged the order dated 7th May 2009, passed by the learned Joint Charity Commissioner, Aurangabad, below Exhibit 48 in Inquiry No. 23/2008. By the impugned order, the application filed by the present petitioners for deciding the question regarding the locus standi of the respondents, who have filed an application under Section 41-D of the Bombay Public Trusts Act, 1950, has been directed to be decided at the stage of final hearing of the Inquiry. (2) 2. The respondents have filed an application under Section 41- D of the Bombay Public Trusts Act, for removal of the present petitioners. In the said proceedings, the present petitioners contended that the respondents are not the members of the Trust and, therefore, they have no locus standi to file an application. The said application has been disposed of with the aforesaid observations. 3. The learned Joint Charity Commissioner has observed that the dispute is whether the respondents are terminated from the membership on the ground of default of payment or not. The learned Joint Charity Commissioner has also found that there are allegations and counter allegations on both the sides regarding the alleged membership of the respondents. The learned Joint Charity Commissioner has, therefore, found that unless evidence in that respect is recorded, it will not be appropriate to decide the said objection. 4. In that view of the matter, no perversity could be found with the approach adopted by the learned Joint Charity Commissioner, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 5. Petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp3854