1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Misc. C. A. No. 345 of 2009 In WRIT PETITION NO. 4716 OF 2008 Bhiva Zingar Kamane Vs. Ramlal Tikaram Chaudhari & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: C. L. PANGARKAR J. Dated: 24 th APRIL, 2009. This review application has been filed against the order passed by this Court on 11.02.2009 whereby stay to the operative part of the order passed by the Assistant Charity Commissioner has been granted with respect to Clause (2) and (4). By Clause (2) present petitioner in Writ petition no. 4716 of 2008 has been directed to submit the audit reports of the year 2000-01 to 2007-08 within 4 months and Clause (4) is to the effect that present 2 petitioner in the said Writ Petition should disclose whether the property bearing Gat. No. 70 admeasuring 0.24 HR situated at village Kandri purchased in the names of the wives of the petitioner is or is not a trust property and whether it is an individual property and also why they are making construction of school building on the said property. After having heard the learned counsel for the petitioner and the respondent, it is obvious that the law requires that every trust is required to file audit report before the Charity Commissioner. In the circumstances the order directing the stay to the order passed by the Assistant Charity Commissioner to submit the report could not be said to be correct. In the circumstances that part of the order is recalled. Learned counsel for the petitioner submits that an application as to whether the Gat. No. 70 of village Kandri is or is not a trust property is pending before Assistant Charity Commissioner. In any case the question as to whether any property is or is not a trust property has to be decided by Charity Commissioner. In the circumstances since such an application is already pending with the Charity Commissioner there should be no hitch in proceeding with the enquiry as to whether the said property is or is not a trust property. Charity Commissioner may proceed with the enquiry in 3 Change Report Enquiry No. 348 of 2008. If any audit reports as stated by the learned counsel for the petitioner have been filed before the Charity Commissioner, the Charity Commissioner should place an affidavit before this Court as to what audit reports have been filed and for what period. The Charity Commissioner should file copies of all those audit reports which may have been filed by either parties. Let this exercise be completed by 10th June 2009. Application No. 345 of 2009 is therefore disposed of in the above terms. The order of stay passed by this Court is modified to the above effect. JUDGE svk 4 5 6