: 1 : wp-4217-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4217 OF 2011 Ashrab Ibrahim Anjarlekar .. Petitioner v/s. Phurus Shikshan Sanstha & Ors. .. Respondents ......... Ms. Ranjana Todankar for the petitioner Mr. Vinod Jadhav for respondent no.1 Mr. N.V. Bandiwadekar for respondent nos. 2 and 6 Ms. S.S. Bhende, AGP for respondent nos. 3 to 5 Mr. Prashant S. Bhavake for group represented by Shri Dildar Abdulla Parkar and Shri Wajhuddin Ahmed Masuf Mr. M.S. Topkar for group headed by Jalaluddin Manuf, Secretary of respondent no.1 trust ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 4th AUGUST, 2011. P.C. : 1. Considering the fact that three different groups are bitterly fighting to rest the management of the institution, which is incidentally a public trust. We are in agreement with the submission of the petitioner that it is but appropriate that the Assistant Charity Commissioner should expedite the proceedings regarding change report pending on his file. Counsel for the petitioner submits that even if the Assistant Charity Commissioner has to decide the change report, most of the disputes between the parties will become non-existent. : 2 : wp-4217-11=.doc In the circumstances, we dispose of this petition in terms of prayer clause (b) as requested by the petitioner. 2. Indeed, the petitioner is asking for further relief of approval to his appointment on the post of Headmaster. However, that issue will be dependent on whether the appointment of the petitioner has been made by the authorised Managing Committee, which issue will have to be answered first by the Assistant Charity Commissioner. 3. Accordingly, we direct the respondent no.5 to ensure that the change report proceedings pending before the Assistant Charity Commissioner shall be expedited and in any case disposal of not later than SIX weeks from today. Parties to appear before the Assistant Charity Commissioner in term of this order. The parties shall appear in the office of the Assistant Charity Commissioner on 12th August, 2011 at 11.00 a.m. on which date, the Assistant Charity Commissioner shall schedule the hearing to ensure that the said proceedings is finally disposed of within the specified time. 4. Counsel appearing for the respective parties undertake to appear before the Assistant Charity Commissioner on the above date and time and waive notice of hearing for that date. Besides, each of them : 3 : wp-4217-11=.doc undertake that they will extend full co-operation for early disposal of the proceedings before the Assistant Charity Commissioner. Undertaking so given by the respective parties through their Counsel is accepted. 2. After the issue is decided by the Assistant Charity Commissioner depending on the outcome of the said proceedings, the Education Officer should consider the claim of the petitioner for approval to his appointment on the post of Headmaster. The petitioner or Education Officer, as the case may be, shall proceed with the hearing in that behalf, soon after decision of the Assistant Charity Commissioner, expeditiously. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)