1 wp-5859-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5859 OF 2011. Koyana Hockers Zone Association & Anr ....Petitioners. Versus Shri Venkat Ganpat Waghmode & anr ...Respondents. Mr S.V. Pitre i/by Manoj Wadekar & Associates, Advocate for the Petitioners. Mrs P.S. Cardozo, A.G.P. for Respondent Nos. 2 and 3. CORAM : RANJIT MORE, J. DATED : 5th September, 2011. P.C.: 1. Heard learned counsel for the respective parties. 2. The petitioners are opponents in Change Report No.1298 of 2006 filed by respondent No.1. The petitioners challenge the maintainability of this Change Report on the ground that respondent No.1 could not have been Reported Trustee, as he was removed prior to the date of filing of the said Change Report. The petitioners also took out an application to decide this issue as a preliminary issue. This application is rejected by the learned 2 wp-5859-11 Assistant Charity Commissioner by the order impugned in this petition. 3. The learned Assistant Charity Commissioner, Pune rejected the petitioners’ application on the ground that maintainability of Change Report filed by respondent No.1 can be considered while appreciating the evidence on record and it is not necessary to frame preliminary issue as proposed by the petitioners. I do not find any error in the impugned order so as to enable me to exercise in writ jurisdiction under Article 227 of the Constitution of India. No prejudice would be caused to the petitioners if the objection to the said Change Report is decided at the time of final hearing of said Change Report, inasmuch as said Change Report is pending since 2006. The petition is accordingly dismissed. 4. The learned Assistant Charity Commissioner, Pune Region Pune, however, in the interest of justice, is directed to hear and dispose of Change Report No.1298 of 2006, as expeditiously as possible and preferably within a period of six months from the date of receipt of copy of the order. (RANJIT MORE, J.)