-: 1 :- wp-6765/11 group IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6765 OF 2011 Nivruti Anna Shinde & Anr. ..Petitioners. Versus Bhausaheb Babasaheb Patil & Anr. ..Respondents. AND WRIT PETITION NO. 6780 OF 2011 Nivruti Anna Shinde & Anr. ..Petitioners. Versus Bhausaheb Babasaheb Patil & Anr. ..Respondents. AND WRIT PETITION NO. 6781 OF 2011 Nivruti Anna Shinde & Anr. ..Petitioners. Versus Bhausaheb Babasaheb Patil & Anr. ..Respondents. Mr. Sandesh D. Patil for the Petitioners. Mr. Salunkhe i/b H. G. Wakshe for R-1. Ms. P. S. Cardozo, AGP. Coram : RANJIT MORE, J. Date : September 2, 2011. P. C. : 1. Heard Mr.Patil, learned counsel for the petitioner, Mr. Salunkhe, learned counsel for respondent no1 and learned AGP. 2. All these three writ petitions are being disposed of by this common order since the orders impugned in these 3 writ petitions are more or less identical, except the numbers, and srp -: 2 :- wp-6765/11 group secondly, because parties to the proceedings are same. 3. The proceeding pertain to the Change Reports filed by respondent no.1 in respect of Samata Education Society, Tasgaon. Initially, 4 Change Reports came to be filed by respondent no.1 in his capacity as Chairman of the said Trust being Change Report Nos. 432 to 435 of 1997. Those Change Reports were allowed by the Assistant Charity Commissioner on 30/10/1997. The petitioner preferred revsion under section 70A of the BPT Act. This revision was disposed of by the Joint Charity Commissioner by order dated 9/3/2010. The order passed by the Assistant Charity Commissioner on 13/10/1997 came to be quashed and set aside and Change Reports were remanded back for fresh disposal. 4. It is worth to mention that subsequent to the Change Report Nos.432 to 435 of 1997, Change Report Nos.132 of 2002, 425 of 2003 and 11 of 2008 were filed by respondent no. 1 for subsequent period in respect of the said Trust are pending on the file of the Assistant Charity Commissioner. 5. The petitioner filed an application under section 41A before the Assistant Charity Commissioner for issuance of certain directions. This application was disposed of on 30/5/2008 by the Assistant Charity Commissioner by directing -: 3 :- wp-6765/11 group the petitioner to hold elections as per the then existing constitution of the trust amongst the members whose names were appearing in Clause-5 of Exhibit-1, excluding the deceased members. This order was challenged by respondent no.1 by filing a writ petition in this Court being Writ Petition No. 4344 of 2008. This Court [Coram: J. P. Devdhar, J.] vide oder dated 8th July 2008 admitted the petition and granted interim relief in terms of prayer clause (b) thereby order dated 30/5/2011 came be stayed. The petitioner challenged this order by filing Letters Patent Appeal before the Division Bench. The Division Bench disposed of the said LPA by passing order dated 9th September 2008, whereby the Assistant Charity Commissioner was directed to decide the Change Reports filed subsequent to the year 2000 within a period of six months from the date of the order. 6. The grievance of the petitioner seems to be that subsequent to the order passed by the Division Bench on 9th September 2008 in LPA No.161 of 2008, their revision challenging the order dated 13/10/1997 passed in Change Report Nos.432 to 435 of 1997 came to be allowed on 9/3/2010 and matter was remanded back to the Assistant -: 4 :- wp-6765/11 group Charity Commissioner for afresh disposal. In these circumstances, it is the contention of the petitioner that earlier Change Report Nos.432 of 435 of 1997 are required to be decided at the earliest, and prior in point of time and accordingly they made an application to the Assistant Charity Commissioner. This application came to be rejected and therefore the present writ petition. 7. The order of the Joint Charity Commissioner passed on 9/3/2010 was subsequent to the order passed by the Division Bench of this Court in LPA No.161 of 2008, which was passed on 18/9/2008. Therefore, obviously the Division Bench could not take cognizance of the order dated 9/3/2010 passed by the Joint Charity Commissioner. The Change Report Nos. 432 of 435 of 1997, in view of the order passed by the Jt. Charity Commissioner are required to be heard by the Assistant Charity Commissioner afresh. These Change Reports are pertaining to the period earlier to the year 2000. In that view of the matter, I am of the opinion that the interest of justice will be subserved if the Assistant Charity Commissioner is directed to decide the Change Report Nos. 132 of 2002, 425 of 2003 and 11 of 2008 alonwith the Change Reports filed for -: 5 :- wp-6765/11 group the period prior to 2000. 8. Mr. Salunkhe, learned counsel for respondent no.1 at this stage submitted that the order of the Jt. Charity Commissioner passed on 9/3/2010, whereby Change Report Nos. 432 to 435 of 1997 are remanded back to the Assistant Charity Commissioner is challenged by way of First Appeal before the District Court under section 72. He submitted that hearing of Change Report Nos.432 to 435 of 1997 should be made subject to the final outcome of First Appeal pending before the District Court. In my view, the suggestion of Mr. Salunkhe is reasonable. Mr. Patil, learned counsel for the petitioner has no objection for this suggestion. In these circumstances, all the three writ petitions are being disposed of by passing following order. -: O R D E R :- (i) The Assistant Charity Commissioner, Sangli is directed to decide Change Report Nos.432 to 435 of 1997 alonwith Change Report Nos. 132 of 2002, 425 of 2003 and 11 of 2008. (ii) The decision of Assistant Charity Commissioner in Change Report Nos.432 of 435 of 1997 will be subject to the order that would be passed by the District Court, -: 6 :- wp-6765/11 group Sangli in Miscellaneous Application No.71 of 2010 and three other connected applications. (iii) It is made clear that this Court has not gone into merits of the matter and all the points and contentions of the respective parties are expressly kept open to be agitated before the Courts below. (RANJIT MORE, J.)