:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.5645 OF 2008 CIVIL WRIT PETITION NO.5645 OF 2008 CIVIL WRIT PETITION NO.5645 OF 2008 Shri Ashok Yeshwant Badwe, .. Petitioner. Vs. The State of Maharashtra & ors .. Respondents. Mr Balasaheb Deshmukh, for the petitioner. Mr V.P.Malvankar, AGP, for the respodnent-State. CORAM : S.B.MHASE & CORAM : S.B.MHASE & CORAM : S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : 13.01.2009. DATE : 13.01.2009. DATE : 13.01.2009. P.C. P.C. P.C. 1. Heard learned counsel for the parties. 2. The petitioner has approached this Court challenging the order passed by the Educational Officer, Satara Zilla Parishad, whereby the said officer has allowed the Secretary of Shingnapur Panchkroshi Shikshan Mandal, to proceed with the process of recruitment and for the said purpose to issue an advertisement. It appears that earlier the said permission was granted, but as it was objected by the petitioner, the said order was withdrawn. But, thereafter the said permission has been granted by the said letter. Now the petitioner, who is a legal practitioner and claims to be the Chairman of the said Trust, states that a change report is pending. However he has not disclosed as to what type of the change report is pending. The change report is pending in the following circumstances, namely, one Mr Ramchandra Menkudale had filed an :2: :2: :2: application in respect of the change report of 23/05. That was decided by the Assistant Joint Charity Commissioner on 2.8.2006 and for conducting an election of the said Trust, an Inspector from the Office of the Charity Commissioner Mr Gosavi was appointed. After the said election, group of the petitioner is not elected and thereby other body has entered into the office, as a result of the election. The change report in this respect has been submitted to the Charity Commissioner. While the change report is pending, the petitioner is consistently obstructing the administration of the Trust, which is in the hands of the other elected body. It is well settled principle that after the election, an elected body of the Trust enters into the office and only for the record purpose the said change is required to be registered in the PTR register under section 22. Only because the change report is pending and objected and thereby the earlier body which was defeated in the said election, cannot have a right to obstruct the administration of the Trust. Inspite of that, the obstruction continued. However, the Education Officer has found that in the interest of the students, recruitment of the staff is necessary and, therefore he has issued the impugned order. Under these circumstances, the present petition has :3: :3: :3: been filed in his individual capacity by the petitioner. Surprisingly, when the petitioner wants to agitate as against the Trust, he should have made them party to the petition. However, neither the Trust is made a party nor the trustees of the said Trust are made parties to the petition. The Head-Master, who happened to be an employee of the Trust, is joined as party respondent to the petition, who cannot be said a proper party in the facts and circumstances of the case. Thus, a fishing attempt has been made by filing such a petition to obtain an order from this court prohibiting the recruitment in the Trust and thereby to disturb the administration of the Trust atleast for some time. We express our displeasure in such type of petition being filed by the trustee of the Trust and more specifically the trustee of the legal practitioner of the said Trust. We find that the petition is without any merit. The writ petition is rejected. Unnecessarily the petition has been filed wasting the time of the court. Therefore, we impose costs of Rs.5000/- on the petitioner to be deposited in this court within 15 days from today. If the amount is not deposited, the Collector, Satara is directed to recover the same from the petitioner as arrears of the land revenue and deposit it with the Government. :4: :4: :4: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.) (S.B.MHASE, J.)