FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2187 OF 2011 “Syed Aziz Mohiuddin Mustafa Ali Vs. State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.S. Kazi, Advocate for the petitioner Mrs. A.V. Gondhalekar, Assistant Govt. Pleader for respondent no.1 CORAM :- P.B. MAJMUDAR & S.S. SHINDE, JJ. DATE :- 2nd May, 2011. PER COURT :- 1] The petitioner, who is a trustee of the institution, has prayed for the following main relief in this petition :- “By issuing a writ of mandamus, or any other writ, order or direction in the like nature, the sanction granted by the State Government to the Crescent Education Society, Aurangabad to run the Aurangabad Urdu Primary School be withdrawn/cancelled.” 2] In our view, such a prayer cannot be considered in exercise of Writ Jurisdiction under Article 226 of the Constitution of India. However, the learned counsel for the petitioner submits that the petitioner has filed change report before the Charity Commissioner and has also taken objection to the change report filed by the respondents. Since the issue is pending before the Charity Commissioner, it would be open to the petitioner to FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2187 OF 2011 “Syed Aziz Mohiuddin Mustafa Ali Vs. State of Maharashtra and others” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 approach the Charity Commissioner, if he has any objection in connection with the affairs of the Trust. The prayer made in the petition at the instance of the secretary of the very institution, cannot be granted. 3] Subject to what has been observed hereinabove, the writ petition is dismissed. It is made clear that we have not expressed any opinion, as to whether the petitioner has any right to file such proceedings and whether he has been rightly appointed as secretary. All these questions are not considered by this court in this petition. [S.S. SHINDE, J.] [P.B. MAJMUDAR, J.] grt/-