1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 2110 OF 2010 *** Madhav S/o Hanumantrao Patil Versus Vijaykumar S/o Bhuprao Shete and another *** Mr. S. S. Jadhavar, Advocate for the Petitioner. Mr. S. V. Natu, Advocate for Respondent No.1. Mrs. R. K. Ladda, A.G.P. for the Respondent/ State Authorities. *** ORDER ORDER: 1. Heard learned counsel for the parties. 2. Rule, made returnable forthwith, heard finally by consent of the parties. 3. This petition takes an exception to the order passed by the learned Assistant Charity Commissioner dated 20th February, 2010 rejecting the application of the present Petitioner filed under section 73-A of the Bombay Public Trust Act, 1950 [the said Act, for short]. Learned counsel for the petitioner points out various documents produced on record from Annexure-A to Annexure-E. 4. Learned counsel for the Petitioner points out order passed by the learned Assistant Charity Commissioner. According to him, on two grounds the application is rejected. He submitted that the order passed 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. by the learned Assistant Charity Commissioner is per-se illegal and be quashed and set aside. On instructions, he makes a statement that if the applicant is permitted to be joined, he may not take more time. 5. Learned counsel for Respondent No.1 Mr. Natu opposes the petition. In support of his submissions he pointed out order passed by the trial Court. 6. I have considered the order passed by the trial Court, more specifically para Nos. 6, 8, 10, 11 and 12. I have given due consideration to the submissions of the learned counsel for the parties. I have also considered the provisions laid down under section 73-A. Counsel for the Petitioner has made available copy of the order passed by this Court [S.B.Deshmukh, J.] in Writ Petition NO.3862 of 2009 dated 9th February, 2010. It is marked by letter "X" for identification, taken on record. Incidentally, it is a matter of record that after disposal of this writ petition yesterday, there was one more writ petition No.2002 of 2010. After hearing the parties, order came to be passed in that writ petition. While hearing that writ petition, counsel for Respondent made submission, on 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. instructions, that order passed by this Court in writ petition NO.3862 of 2009 was challenged by filing S.L.P. and said S.L.P. was before the Honourable Supreme Court on 8th March, 2010 and according to his instructions the said S.L.P. is dismissed. Said statement is accepted and taken on record. This Court has directed the learned Assistant Charity Commissioner [in writ petition No.3862 of 2009] to decide and dispose of Change Report No.688 of 2006 on or before 10th of March, 2010. This direction, given by this Court, has been merged in the order of dismissal of the S.L.P. by the Honourable Supreme Court. Mr. Natu submits that day to day hearing of said Change Report is being taken by the learned Assistant Charity Commissioner. Yesterday evidence was complete and the matter is kept for argument. I have given due consideration to the submissions. No case for invoking extraordinary jurisdiction is established. 7. Writ petition stands dismissed. For the present I am not imposing any costs, however, the petitioner is put on caution that if frivolous petition, filed by the petitioner, comes before this Court, the Court may, after hearing the parties, would pass appropriate 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. order. 8. Rule discharged. No order as to costs. [S.B.DESHMUKH, J.] Dated:09/03/2010. ans/2110