1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.409 OF 2010 IN WRIT PETITION NO. 1402 OF 2010 BHAIJI SAPANRAO KHAIRKAR & ANR. -: versus :- JOINT CHARITY COMMISSIONER, NAGPUR & OTH. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N.D.Khamborkar, Advocate for Petitioners. Shri S.V.Narale, Advocate for Respondents No.5, 69 & 70. Shri V.A.Dhabe, Advocate for Respondents No.72 & 73. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 16, 2010. Heard. As the learned counsel for the petitioner agreed to argue the petition on merits order dated 07.04.2010 is recalled and Writ Petition No.1402 of 2010 is restored back to file. WRIT PETITION NO.1402/2010. Heard Advocate Shri Khamborkar on merits of the petition. The petition is not by a registered public trust. There is no resolution supporting the petition. There is no resolution of the trust filed even before respondent No.1 to show that the trust had resolved to approach Joint Charity Commissioner in the matter. 2 The sale deed obtained by the trust is in the name of Bhartiya Gruha Samasya Nivaran Sanstha, Nagpur and the said sale deed nowhere states that it is registered public trust. The sale deeds are obtained through its President Gopichand Sambhuji Gedam. Bhartiya Gruha Samasya Nivaran Sanstha, Nagpur had thereafter executed various sale deeds. The learned counsel for the petitioner has tried to show that initially it was registered as society under the Societies Registration Act and thereafter it came to be registered as public trust because of deeming provision contained in Bombay Public Trusts Act. There could not be any doubt about this situation. However, name nowhere discloses that it is a public trust. The main contention that those sale deeds are executed without previous permission as contemplated by Section 36 of the Bombay Public Trusts Act needs to be appreciated in this background. If the petitioners before this Court are the office bearers of the trust and genuinely interested in welfare of the trust and in achieving its goal, till date they have not taken any action to cancel those sale deeds. Their only effort is to stop purchasers from proceeding further with the development. I am, therefore, not satisfied with bonafides of the present petitioners in the matter. Hence, with liberty to the said society/ public trust, to take further action, as is open in accordance with law, the present petition is disposed of. In the circumstances, no order as to costs. 3 It is made clear that the observations made are in the petition filed by the petitioners and shall not operate to the prejudice of public trust / society which is not party before this Court. JUDGE RR