wp2921-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2921 OF 2011 Saraswat Brahmin Samaj .. Petitioner versus Assistant Charity Commissioner & Ors .. Respondents Mr.Amogh K. Karandikar for the petitioner. Mr.R.M.Patne, A.G.P for respondent No.1. Mr.J.B.Mishra for respondent No.2. CORAM : S.C.DHARMADHIKARI, J. 17th JUNE 2011. P.C.: . The change report which was filed by the petitioner before the Assistant Charity Commissioner was taken up on one date but finding that the petitioner/applicant was absent, it came to be dismissed. Thereafter, an application for restoration was made which was allowed conditionally. The condition imposed is to pay costs quantified at Rs.10,000/- which appears to have not been paid in time. Therefore, the application to set aside the order of dismissal of the change report for want of compliance with the wp2921-11.doc 2 conditional order has also been dismissed. 2 It is argued on behalf of the respondents that the petitioner has alternate remedy of approaching the Charity Commissioner by invoking his jurisdiction under section 70 of the Bombay Public Trusts Act, 1950. 3 However, after perusal of the papers, I am satisfied that in the peculiar facts of this case, all that the petitioner desires is to have adjudication on merits in the sense that they want to have legality and validity of change report decided, rather than being shut out on technical grounds. They have now complied with the condition imposed and it is stated that Rs.10,000/- has been deposited in the office of the Assistant Charity Commissioner. If the amount is so deposited, respondent Nos.2 and 3 shall be at liberty to withdraw the same on production of the authenticated copy of this order. 4 In the light of the fact that the relief sought is of restoration of the change report proceedings, the writ petition is wp2921-11.doc 3 allowed. The order passed by the Assistant Charity Commissioner dismissing the change report is set aside. The Change Report No.3021 of 2009 shall now be decided in accordance with law. Hearing of the proceedings is expedited and the Assistant Charity Commissioner shall endeavour to dispose off the same by 31st December 2011. (S.C.DHARMADHIKARI, J)