1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2115 of 2010. Shri Atmaram K.Sontakke and anr. ..vs.. Vijaysingh M.Rathod and ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.K.B.Ambilwade Adv. for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATED : 6th DECEMBER, 2010. Heard. Learned counsel for the petitioner states that he is ready with the matter and then started addressing the court. After about ten minutes, he was seeking time of about one hour. He contended that the request was made to Deputy Charity Commissioner seeking leave to adduce oral evidence and in spite of that leave Deputy Charity Commissioner has erroneously observed that no evidence was led by parties. When asked to point out the statement to that effect in writing or in writ petition, the learned counsel fairly states that in writing or in writ petition there is no such statement and request made to Deputy Charity Commissioner was only oral. He further stated that finding of absence of any correspondence recorded by the Deputy Charity Commissioner was also erroneous. Learned counsel was, therefore, asked to 2 show a such statement in petition. At this stage of dictation, he invites attention to document filed at Annexure 15 to show this statement. Perusal of the memo of petition shows that Annexure – 15 is only the complaint made by the petitioner to Deputy Charity Commissioner praying for certain certified copies. The Deputy Charity Commissioner has specifically found that petitioner No.2 has no status. In view of the earlier judgment dated 24/4/2009, these findings are recorded by the Deputy Charity Commissioner in impugned order dated 15/10/2009. Judgment dated 24/4/2009 is questioned in present wit petition which has been filed on 12/4/2010. It is, therefore, apparent that said reason recorded in order dated 15/10/2009 also cannot be lebelled as erroneous or perverse. I, therefore, do not find any jurisdictional error or perversity. The petition is, therefore, rejected. No order as to costs. JUDGE chute