1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.1820/2009 IN WRIT PETITION NO. 4716/2008 (Kalyan L. Dongare and others l..vs. Bhiva Kamane and others) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 07, 2009 Heard Advocate Shri R.L.Khapre for applicants and Advocate Shri A.P.Thakre for non- applicants in present application and for original petitioners. The application is for direction to take over the possession of trust property. During hearing, my attention has been invited to the order dated 24/4/2009 wherein this Court has found that an enquiry to determine whether the property in dispute is trust property or not is going on before the Assistant Charity Commissioner. Apprehension of Advocate Shri Khapre is that Education Department is bound to release the amount of rent, which can be misappropriated by the non-applicants. Advocate Shri Thakre states that all 2 non-applicants are responsible trustees and there is no question of misappropriation. If ultimately, the property is found to be trust property, the amount can always be recovered from the trustees. In the circumstances, in order to safeguard the interest of the trust, I find it proper to direct the Education Officer (Secondary), Zilla Parishad, Bhandara to deposit the amount with the office of Assistant Charity Commissioner at Bhandara as and when rent amount is determined and the same is released in favour of the school. The disbursement of the said amount can thereafter be decided as per the determination of issue by the Assistant Charity Commissioner. In view of these directions, the other prayers in the application need not to be considered at this stage. The application is accordingly disposed of. No costs. List the matter for further consideration on 10th November, 2009. JUDGE diwale.