:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5558 OF 2007 WITH CIVIL APPLICATION NO. 698 OF 2008 M/s. Patel and Biscuitwala Enterprises .. Petitioner Vs. The Charity Commissioner, Maharashtra, Mumbai and ors. .. Respondents Ms. R.C. Nichani with Mr. H.D. Patil for petitioner. Mr. S.K. Chinchalikar, AGP for respondent no.1. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 22, 2008. Date : April 22, 2008. Date : April 22, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the petitioner. It appears that a public trust by name Jaffarji Rasoolji Trust with registration No. B-960 at Mumbai, has submitted an application under Section 36(1)(a) of the Bombay Public Trust Act, 1950 seeking permission for disposal of certain property of the said trust. The said application registered as Application No. J-4/8/78 was allowed by the Charity Commissioner vide :2: his order dated 15/3/1979 and thereby accepting the highest bid of the present petitioner. 2. 28 years later, the petitioner filed an application registered as J-4/Misc. Application No. 58 of 2007 praying for correction of the name of the trust from "Jaffarji Rasoolji Trust" to "Santacruz Gaothan Charity Trust" and this application came to be rejected by the Charity Commissioner vide his order dated 12/6/2007, which order has been impugned in this petition. 3. The Charity Commissioner held that the petitioner - applicant was not a party to the proceeding which culminated in the order dated 15/3/1979 and under which the petitioner’s bid was accepted, he could not have filed an application for correction in the name of the trust and it was the responsibility of Jaffarji Rasoolji Trust to submit such an application. In short, as per the Charity Commissioner, the petitioner did not have the locus standi to submit an application for correction of the public trust’s name. This view taken by the Charity :3: Commissioner could neither be said to be perverse nor manifestly erroneous so as to call for interference under Article 227 of the Constitution. 4. Hence, the petition is rejected summarily. However, if any application submitted by the public trust by name Jaffarji Rasoolji Trust is pending with the Charity Commissioner for correction of its name in the order dated 15/3/1979, the same shall be heard and decided by the Charity Commissioner after hearing all the parties concerned as expeditiously as possible and in any case before 31/8/2008. 5. Civil Application No. 698 of2008 does not survive and shall stand disposed off as such. 6. Writ to go to the Charity Commissioner forthwith. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)