1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 4752/2007 ( Thakurdas B. Roy .vs. State of Mah. And ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. N.W. Sambre, GP for Respondents 1 to 6. .......... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : OCTOBER 7, 2009 None appears on behalf of the petitioner. Mr. Sambre, learned Government Pleader appears for respondents no.1 to 6. None appears for respondent no. 7. Affidavit dated 17.9.2009 filed on behalf of respondents no. 1 to 6 is taken on record. Mr. Sambre appearing for respondents no.1 to 6 states that the petitioner has expired and he has placed on record the copy of death certificate which discloses that the petitioner expired on 9.2.2009. By this petition filed as public interest litigation, the petitioner has sought the following reliefs:- “(i) issue appropriate Writ, Order or Direction to the Respondent No.1 to 6 to conduct through enquiry in to this 2 matter & take action for the misdeeds of the Respondent No.7 and Order recovery of the misappropriated amount out of the property held by the Respondent No.7 and his family members as if it were arrears of land revenue, strictly in accordance with law at the earliest; (ii) Issue appropriate Writ, Order or Direction by way of interim relief directing the Respondent no.4 not to register the said Takiya Maroti Deosthan as a Trust on the Application dated 6.8.2007 submitted by the Respondent No.7 until the entire accounts of the money received by the Respondent No. 7 from the year 1991 in the Danpeti of the Temple and the money received by way rent of the Sabhagruha given on rent for marriages and other functions from the Year 1999 onwards till this date are actually recovered from the Respondent No.7 as arrears of land revenue.” Affidavit filed on behalf of respondents no.1 to 6 by Mr. Bhagwan Lande, Inspector attached to the Office of Joint Charity Commissioner, Nagpur, discloses that pursuant to Application No. 876/2007 filed by respondent no.7, Takiya Maroti Deosthan Trust has been held as Public Trust and is in existence by order dated 20.2.2009 passed by the Assistant Charity Commissioner, Nagpur. In view of above, prayer (ii) is no more available to the petitioner. In so far as prayer (i) is concerned, no details have been submitted by the petitioner before this Court to pass any appropriate orders as sought for by the 3 petitioner. In view of above, we do not propose to proceed further with the matter and accordingly the writ petition stands disposed of. JUDGE JUDGE halwai