-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4411 OF 2008 Shri Ajitsinh Babanso Ghorpade & Ors. .. Petitioners. V/s. Shri Vilas Yeshwant Desavale & Ors. .. Respondents. --- Mr. C.J.Sawant, Sr.Advocate with Mr. S.P.Kadam for the Petitioners. Mr. S.D. Patil for Respondent No.1. Mr. S.D. Rayrikar, AGP for Respondent Nos.2 & 3. ----- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 16TH JULY, 2008. DATED : 16TH JULY, 2008. DATED : 16TH JULY, 2008. P.C.: P.C.: P.C.: . Heard Mr.Sawant, Sr. counsel with Mr. Sanjeev Kadam for the petitioners; Mr. S. Patil, Advocate for the respondent no.1 and Mr. Rayrikar, AGP for the respondent nos. 2 and 3. 2. By this petition, the petitioners challenge the common order passed by the learned Assistant Charity Commissioner, Sangli Region, Sangli in Misc. Application Nos. 457 of 2008 and 458 of 2008. Misc. Application No. 457 of 2008 was filed by the respondent no.1 and the -: 2 :- Misc. Application No. 458 of 2008 was filed by the petitioners herein. Both the Misc. Application came to be filed before the learned Assistant Charity Commissioner, in pursuance of the order passed by the learned Joint Charity Commissioner, Kolhapur Region, Kolhapur on 7.4.2008 in Appeal Nos. 66 and 70 of 2007. 3. The learned Assistant Charity Commissioner was called upon to decide the membership of the public trust, namely, Jijamata Education Society. The Assistant Charity Commissioner allowed the Misc. Application filed by the respondent no.1 and rejected petitioners Misc. Application. The petitioners application came to be rejected on the ground that the petitioners filed only Xerox copies of the relevant documents. On the contrary, the respondent no.1’s application was allowed on the ground that they have filed certified copies of the relevant documents. 4. Mr. C.J.Sawant, learned senior counsel appearing for the petitioners submitted that the petitioners could not produced original copies or certified copies of the relevant documents, as the original record is in the custody of the Inspector/ Superintendent working in the office of the Assistant Charity Commissioner, Sangli. -: 3 :- 5. After hearing the learned counsel appearing for the respective parties for some time, the learned counsels for both the sides agree for remand of the matter back to the learned Assistant Charity Commissioner for fresh decision in accordance with law. In view of the concession given by the learned counsels, without recording any reasons for setting aside the impugned order, I dispose of the petition by passing the following order. ORDER ORDER ORDER 1. The impugned orders passed by the learned Assistant Charity Commissioner on 31.05.2008 in Misc. Application Nos.457/2008 and 458/2008 are hereby quashed and set aside and the matter is remanded back for the disposal of the above said Misc. Applications afresh in accordance with law. 2. The Inspector/ Superintendent who is in possession of the original documents of the aforesaid trust is directed to produce the same in the proceedings pertaining to the above said trust. -: 4 :- 3. Needless to say that the learned Assistant Charity Commissioner while disposing of the above said Misc. Applications shall consider the documents submitted by the Inspector / Superintendent. The learned Assistant Charity Commissioner shall dispose of the aforesaid application independently on its own merit without being influenced by this order and as expeditiously as possible and in any case within the period of three months from the date of the receipt of the writ of this order. Petition is disposed of. (R.V. MORE, J.) .....