dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CIVIL JURISDICTION SIDE CIVIL JURISDICTION SIDE CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.3159 OF 2009 PETITION NO.3159 OF 2009 PETITION NO.3159 OF 2009 Shri Laxmikant Raghunath Desai & anr. Petitioners Vs. 1. Shikshan Prasarak Mandali, Pune & ors. .. Respondents Mr.A.V.Anturkar with Mr.S.B.Deshmukh for the petitioners. Mr.Vaibhav Joglekar with Mr.S.S. Kanetkar for the respondents. CORAM CORAM CORAM : : : ANOOP V.MOHTA,J ANOOP V.MOHTA,J ANOOP V.MOHTA,J. DATED DATED DATED : 26th March, 2009. : 26th March, 2009. : 26th March, 2009. P.C. P.C. P.C. Mentioned. Not on board. In view of urgency shown as the Division Bench of this Court by an order dated 26.03.2009 observed that the matter be placed before the learned Single Judge for necessary orders, taken on board. 2. Considering the urgency shown and in view of the fact that the petitioners have moved this Writ Petition on 18.03.2009 and the same was pending before the Division Bench till today, the respondents appeared before the Division Bench at 3 p.m. today and now in view of above order dated 26.3.2009 the matter is placed before this Bench of Single Judge at 4.30 p.m. 3. The petitioners are persons interested. ( 2 ) Respondent no.1 is the Trust. The other respondents are the existing Trustees. 4. The present writ petition is against the impugned order dated 16.03.2009 passed by the Joint Charity Commissioner, Pune in Application No.1/2009 filed by the petitioner under Section 41-E of Bombay Public Trusts Act (for short, "BPT Act"). There is another order already passed, but in view of the schedule of General Body Meeting which is fixed on 29.03.2009, the petitioners moved this Application, Exhibit "123". The learned Joint Charity Commissioner, without observing anything on the merits of the matter, practically disposed of this Application by observing as under: "Perusal the application, as I am under order of transfer it is not desirable to pass any order, more particularly in view of (1) The previous order those were passed which are sub-judice in the other court. (2) The allegation put forth by the application, and in view of the matter in controversy and above all in view of nature of prayer." In the result, the impugned order is passed without assigning any reason to the urgency as well as merits of the matter as averred in the said Application. The reason so mentioned in no way suffice the purpose when such Applications are filed for interim ( 3 ) protection/injunction as prayed in view of the urgency shown. There is no reason, in my view, that such order can be maintained in such type of litigation. The reasons are necessary in the interest of justice for all the parties concerned. It clearly reflects non-application of mind to the facts of the matter itself. Therefore on this ground only I am inclined to quash and set aside the order and remand the same for rehearing. 5. Therefore, I quash and set aside the order dated 16.03.2009 passed by Joint Charity Commissioner, Pune in Application No.1/2009. However, it is necessary that the learned Joint Charity commissioner, Pune to hear this matter again by giving full opportunity to both the parties and pass reasoned order. 6. However, in view of the observation made in the impugned order, the parties agree that there is no Joint Charity commissioner at Pune presently in charge of the matter, therefore, there is no option but to direct the learned Charity Commissioner, Mumbai to hear this matter again. 7. Both the learned counsel make statement that in number of matters in absence of the learned Joint Charity Commissioner, Pune, the Charity Commissioner, ( 4 ) Mumbai hears the matters and at present holding additional charge also. 8. Even otherwise for want of non-availability of the Joint Charity Commissioner, Pune or such other Judicial Officer, I see there is no reason that the party should suffer. 9. In view of this, as there is urgency, the petitioners are permitted to move the Charity Commissioner, Mumbai to hear the Application and pass appropriate order in view of urgency shown before 29.03.2009 as the calling of the General Body Meeting on 29.03.2009 at 5 p.m. itself is under challenge, by giving opportunity to all the concerned parties. 10. The petitioners to give notice in advance to respondent no.1-Trust, whose notice is under challenge. 11. The parties and the concerned Officer to act on an authenticated copy of this order. 12. The petition is disposed of accordingly. No costs. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)