1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.2029 of 2009 In Writ Petition No.2135 of 2009 (Vinod Namdeorao Hiwale and others v. The Joint Charity Commissioner, Amravati Region, Amravati, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.M. Ghare, Advocate for Applicants/Petitioners. Shri T.R. Kankale, AGP for R- 1. Shri V.P. Panpalia, Advocate for R- 2 to 5. Coram : R.C. Chavan, J. Dated : 14 th September, 2009 This is an application for modification of the order dated 4-9-2009, whereby the Joint Charity Commissioner was directed to dispose of Application No.1 of 2008 and the petitioners’ application for dismissal of that application, as it had become infructuous. The learned counsel for the petitioners points out that if the petitioners’ application for dismissal of Application No.1 of 2008 is rejected, then the hearing on the main Application No.1 of 2008 will have to be held. 2 Therefore, the learned counsel for the petitioners states that it would not be possible for the Joint Charity Commissioner to decide both the applications simultaneously, though the learned counsel for respondent Nos.2 to 5 do not concede. If the Joint Charity Commissioner holds that the Application No.1 of 2008 has become infructuous, both the applications would get simultaneously disposed of, but if he holds that the application has not become infructous and rejects the petitioners’ application for disposing of the said Application No.1 of 2008, then the hearing on the Application No.1 of 2008 could be warranted. In view of this, the order dated 4-9-2009 is modified. The Joint Charity Commissioner shall first decide the petitioners’ application, whereby the petitioners claim that Application No.1 of 2008 has become infructuous, and if he rejects the said application, he shall proceed to dispose of Application No.1 of 2008 in due course. The application is disposed of accordingly. Judge. pdl