*1* wp.838.11.915.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.838 OF 2011 Kagal Education Society. ..Petitioner -Versus- Sadashivrao Mandalik and others. ..Respondents .......... Mr.S.S.Patwardhan, for the Petitioner. Mr.Venkatesh Shastri, for the Respondent Nos.1 and 2. Mr.S.N.Bhosale, AGP, for the Respondent No.3. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 07th June, 2011. P.C.: 1 On instructions from the Secretary of the Petitioner Society who is present in the court, Mr.Patwardhan, the learned counsel for the Petitioner, states that he has instructions to apply for withdrawal of the application No.13/2009 made under Section 36-A(3) of the Bombay Public Trusts Act, 1950. 2 In the light of this statement and withdrawal of the application before the Joint Charity Commissioner, the order made thereon on 09.12.2010 will not survive. In the light of the statement made by Mr.Patwardhan, nothing survives in the Writ Petition also and the same is disposed of accordingly but with liberty being reserved to the Petitioner/Applicant to file a fresh application seeking permission under the aforementioned provision. If such an application is filed, the same shall be dealt with by the concerned Joint Charity Commissioner/ Charity *2* wp.838.11.915.sxw Commissioner in accordance with law. Merely because liberty is reserved does not mean that the Court has expressed any opinion on maintainability or merits of the application. All contentions of the parties in that behalf are kept open. 3 The apprehension of Mr.Patwardhan that keeping open the contentions in the fresh application on maintainability would seriously prejudice the Petitioner. I have no doubt in my mind that this Court has permitted the Petitioner to withdraw with liberty being reserved as above. Needless to clarify that the Charity Commissioner concerned will decide the application uninfluenced by any of the observations made in the impugned order. 4 The petition is disposed of accordingly. No costs. (S.C. Dharmadhikari, J)