1 wp9169-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9169 OF 2010 Ananda Dhondiram Chaughule and ors. ..Petitioners Vs Dy. Charity Commissioner, Kolhapur region, Kolhapur and anr. ..Respondents ­­ Mr.V.C.Ghosalkar, for petitioners. Mrs.P.S.Cardozo, AGP for respondent no.1. Mr.G.S.Godbole i/b.Mr.Chetan Patil, for respondent no.2. ­­ CORAM : A.S.OKA, J. DATE : 2nd DECEMBER, 2010 P.C: Heard learned counsel for the petitioners and learned AGP for the first respondent and learned counsel for the second respondent. Respondent No.2 is present in person. 2] Learned counsel for the second respondent, on instructions, states that the second respondent has no objection if the impugned order dated 6 th October, 2010 is quashed and set aside. He further stated that the second respondent is not conceding to the position that the petitioners are entitled to adduce the evidence in the pending proceedings. However, he 2 wp9169-10.sxw states that the petitioners may apply to the Deputy Charity Commissioner seeking permission to adduce the evidence by incorporating all details of the evidence which they propose to adduce. 3] In view of the aforesaid statements made on instructions of the second respondent, the petition need not be kept pending and the same is disposed of by passing following order :­ (a) The impugned order dated 6 th October, 2010 is quashed and set aside. (b) If the petitioners desire to adduce evidence in support of their case in the pending application, they are free to make proper application before the learned Deputy Charity Commissioner. Such application will contain necessary particulars regarding the nature of evidence which the petitioners desires to adduce. (c) It will be open for the second respondent to raise an objection to the said application on all permissible grounds. (d) If such application is made by the petitioners, the same shall be decided by the Deputy Charity Commissioner in accordance with law. (e) All contentions of the parties on merits are kept open. [A.S.OKA, J]