1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4955 OF 2009 1. Maharashtra Shikshan Sanstha, Nimgaon Jali, Taluka Sangamner, District Ahmednagar through its Trustees 2. Sukhdeo s/o Chandrabhan Dengale, Age 70 years, Occu.Agri. 3. Ramkrushna Sahadu Birar, Age 71 years, Occu.Agri. 4. Shivaji s/o Savaleram Chopade, Age 77 years, Occu.Agri., 5. Abasaheb s/o Bhaurao Kadu, Age 68 years, Occu.Agri 6. Dagu s/o Pandurang Thete, Age 65 years, Occu.Agri. 7. Prabhawati Bhaskar Chopade, Age 76 years, Occu.Agri 8. Baburao Kashinath Jarhad, Age 68 years, Occu.Agri R/o Ashvi, Taluka Sangamner District Ahmednagar Petitioner Nos.2,3,4,5 and 7 R/o Nimgaon Jali, Tq. Sanmganer, District Ahmednagar .. PETITIONERS VERSUS 1. The State of Maharashtra, Through its Secretary, Education Department, Mantralaya, Mumbai 32 2 2. Gulabrao s/o Govindrao Jondhale, Age 66 years, Occu.Retired At present r/o Sahaj near Shayadri Housing Co-op.Society Sanjavani Hospital, College road, Sangamner, Taluka Sangamner, Dist.Ahmednagar 3. Motiram s/o Trimbak Patil, Age 66 years, Occu.Agri., R/o Ugaon, Taluka Niphad, District Nashik 4. Bhaskar s/o Mahipati Jondhale, Age 64 years, Occu.Agri. R/o Nagapur, Taluka and Dist.Ahmednagar 5. The Assistant Charity Commissioner, Ahmednagar .. RESPONDENTS Shri S.L.Bhapkar, Advocate for petitioners Shri V.H.Dighe, AGP for respondent No.1 and 5 Shri V.J.Dixit, Senior Advocate with Shri A.N.Nagargoje, Advocate for respondent No.2 Shri A.Y.Pandole, Advocate for respondents 3 and 4 absent CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 14th October 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Learned Counsel for the petitioners seeks oral leave to join Assistant Charity Commissioner, Ahmednagar as respondent to the petition. Leave granted. Amendment to be carried out forthwith. Learned Assistant Government Pleader accepts notice on behalf of newly added respondent. 3 2. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 3. By this petition the petitioners pray for issuance of a writ directing the Assistant Charity Commissioner, Ahmednagar to reconstruct the record of the petitioner-trust in the light of the request made by the petitioners vide letter dated 24.6.2009. The petitioners also pray for staying further proceedings pending before the Joint Charity Commissioner, Pune. 4. It appears that the present petitioners filed proceedings before the Joint Charity Commissioner, Pune requesting for grant of injunction restraining respondent No.2 herein from interfering in the day-to-day administration of the trust. It appears that the Joint Charity Commissioner, Pune by order dated 11.5.2009 granted the ad-interim injunction as was prayed for by the petitioners. The respondent appeared in the proceedings and pointed out that the copy of the Schedule-I entries of the trust is not a genuine document and further that the record pertaining to the entries in Schedule-I were in tattered and torn condition and as a result copies could not be issued to the parties. The petitioner thereafter applied to the Assistant Charity Commissioner, Ahmednagar for reconstruction of the record. 4 5. Learned Assistant Govt.Pleader Shri Dighe has tendered before us a copy of the office order dated 3.9.2009 wherein the Assistant Charity Commissioner, Ahmednagar has issued an office order directing the Superintendent and the Junior Clerk to take all necessary steps under the Bombay Public Trusts Act, 1950 for reconstruction of the record of the trust. The aforesaid communication is taken on record and marked “X” for the purpose of identification 6. In the light of the aforesaid communication, it is not necessary for us to issue the writ as is prayed for at prayer clause (C) to the petition. We, however, direct the Assistant Charity Commissioner, Ahmednagar to complete the reconstruction of record, in accordance with law, as expeditiously as possible. In respect of the relief at prayer clause (D) to the petition, the petitioner has remedy available to him in the event any adverse order is passed against the petitioner by the Joint Charity Commissioner, Pune. 7. Rule is thus made absolute on the above terms with no orders as to costs. 5 8. We make it clear that since we have not adjudicated any of the issues raised in this petition, all issues are kept open. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4955.09wp