IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1370 OF 2002. The President, Dhandai Devi Tarun Aikya Mandal. .... PETITIONER. VERSUS kPopatrao Donu Deore and ors. .... RESPONDENTS. ... Shri C.R. Deshpande, Advocate for Petitioner. Shri M.V. Dhongade, Advocate holding for Shri R.R. Patil, Advocate for Respondents No.1 to 4 and 9.. ... CORAM : S.S. SHINDE, J. DATE : 18th AUGUST, 2009. PER COURT: 1. This writ petition takes exception to the order dated 3rd July, 2001 passed by the Assistant Charity Commissioner, Dhule in application below Exh.9 by which directions were given tot he petitioners herein to enroll the respondents 1 to 16 as members of the trust. 2. It is not necessary to go into the details of the facts. Suffice it to say that the respondents 1 to 16 herein filed application for becoming members of the Dhandai Devi Tarun Aikya Mandal. The said application is at Exh.A to this petition from pages 26 to 34. On perusal of the said application, the main prayer in the said application is seeking directions to the petitioners to enroll the applicants - respondents 1 to 16 herein as members of the said trust. It was the main relief prayed by way of application filed before the Assistant Charity Commissioner, Dhule. The Assistant Charity Commissioner, by order dated 3rd July, 2001 pending the main application, directed the petitioners herein to accept membership applications of the respondents 1 to 16 and further directed to enroll them as members of the petitioner trust. In the said order, it is observed that the controversy between the parties will be decided at the time of final hearing and above direction is given pending application / petition filed by the respondents herein praying therein that they should be enrolled as members of the trust. It is further submitted by the learned Counsel that the Assistant Charity Commissioner directed the petitioners to accept the applications of the respondents 1 to 16 and enroll them as members, even without issuing prior notice to the petitioner. 3. The learned Counsel for the petitioner submits that if the prayer in the application is perused and the relief which is granted by the Assistant Charity Commissioner is compared, the main prayer is granted at interim stage and nothing remains to be decided in the final hearing. According to the learned Counsel, the learned Assistant Charity Commissioner has not referred to any provision under which the impugned interim order is passed. He further submits that the interim order is not sustainable and, therefore, the same deserves to be quashed and set aside. 4. The learned Counsel for respondents invited my attention to page 34 of the compilation and submitted that notice was given to petitioner. However, the petitioner remained absent, no say was filed and therefore, there was no option before the Assistant Charity Commissioner but to act on the prayer of the respondents. Therefore, the impugned order cannot be faulted and it is perfectly justified in law. 5. I have heard the learned Counsel for the parties. On careful perusal of the application filed by the respondents before the Assistant Charity Commissioner and the order passed below Exh.9, one thing is clear that by way of interim order, the Assistant Charity Commissioner has virtually allowed the application filed by the respondents herein, which is not permissible in law. Not only this but, the learned Assistant Charity Commissioner has not referred to any of the provisions under which the said interim order can be passed or such directions can be issued to the petitioner at interim stage. On perusal of the order below Exh.9, it is clear that even the said order is passed without prior notice to the petitioner. Viewed from any angle, granting main relief at the interim stage, keeping petition / application pending is impermissible. 6. In the result, the impugned order dated 3rd July, 2001 below Exh.9 passed by the Assistant Charity Commissioner, Dhule is quashed and set aside. Rule is made absolute to the above extent. Petition is disposed of. No order as to costs. The Assistant Charity Commissioner, Dhule shall proceed with hearing of the main petition / application No.138 of 2001 and decide the same within four months from today. With these observations, writ petition is allowed and disposed of. [ S.S. SHINDE, J ] ... PLK/#