*1* wp.332.11.944.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.332 OF 2011 Mohammed Ishaque Ibrahim Batatawala and another. ..Petitioners -Versus- The Charity Commissioner and others. ..Respondents .......... Mr.S.M.Gorwadkar i/b Niranjan Mogre, for the Petitioners. Mr.R.M.Patne, AGP, for the Respondent Nos.1, 2 and 9/State. Mr.Rizwan Merchant with Ms.S.T.Shaikh and Ms.Aarti Sawant i/b S.K.Shrivastav & Company, for the Respondent Nos.3 and 4. Mrs.Latika Belindage, for the Respondent Nos.6 and 7. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 02nd August, 2011. P.C.: 1 This Writ Petition under Articles 226 and 227 of the Constitution of India challenges an order dated 30.12.2005 passed by the Joint Charity Commissioner during the course of hearing of Misc. Application No.716/2001. 2 Certain directions were sought with regard to the account of expenses that have been allegedly incurred for management and administration of Hazrat Bawa Bahauddin Dargah Trust. The Deputy Charity Commissioner has passed an order on 26.09.2002 and by the impugned order dated 30.12.2005, certain clarifications were sought from the concerned parties with regard to the expenses and compliance of the orders and directions dated 26.09.2002. The grievance of the Petitioners is that complete compliance of that order has not been made and no account is maintained for a sum of Rs.10 lacs which has been allegedly *2* wp.332.11.944.sxw spent. 3 On the other hand, the Opponents to the said misc. application who are also Respondents before this Court, argued that the entire statement of expenditure and income was placed before the authority, namely, the Joint Charity Commissioner and the accounts are duly audited. In fact the Trust is finding it difficult to carry on its day to day affairs because some of donation boxes are yet locked. These boxes contain the donations received from the devotees. The boxes are locked and the keys are with the Trust and have not been opened from 2002. 4 After hearing both sides at some length, what I find is that Misc. Application No.716/2001 being not decided till date, has further complicated the matter. It is not proper for the authorities to keep such an application pending even if there is some non co-operation from the parties. There are enough powers available in law to ensure early disposal of this application. It benefits no one if such an application is pending for a long time and the amount is lying in the boxes which cannot be opened unless the proceedings are concluded. 5 In these circumstances, without entering into a larger controversy, this Writ Petition is disposed of with a direction to the Joint/Deputy Charity Commissioner before whom the Misc. Application is pending, to decide it as expeditiously as possible and within a period of three months from today. During the pendency of this application, it would be open for all parties to move the concerned Joint/Deputy Charity Commissioner and seek appropriate directions with regard to the opening of the locks of the donation boxes and the said Joint/Deputy Charity Commissioner shall pass an appropriate order and direction appointing an officer from the office of the Charity Commissioner, State of Maharashtra, Mumbai to open the donation boxes in presence of all parties and make a *3* wp.332.11.944.sxw note of the proceeds and things lying therein and prepare and submit a report to him and pursuant to which he can properly deal with the matter and pass further orders. All contentions of all parties are kept open. It is agreed between the parties before me that if a request is made to appoint an officer for opening the boxes and to account the proceeds, all of them will agree to such an appointment so that there will be early end to the matter. All of them agreed that they will cooperate with the concerned Charity Commissioner in early disposal of the proceedings and particularly within the time stipulated in this order. Needless to state that after the donation boxes are opened, if any request is made for deposit/investment of the proceeds in the Fixed Deposit in a nationalized bank, such request will also be considered by the Charity Commissioner and further if any request is made for release of such funds as are necessary for meeting the day to day expenses, then, that application will also be decided in accordance with law. Needless to state that the Joint/Deputy Charity Commissioner shall hear all parties before passing any such orders. 6 The Writ Petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)