bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7141 OF 2008 PETITION NO. 7141 OF 2008 PETITION NO. 7141 OF 2008 Shri Appaso Daulu Khede & ors. ... Petitioners v/s Gajanan Shikshan Sanstha ... Respondent Mr.Venkatesh A. Shastry for the petitioners. Mr.M.L.Patil for the respondent No.1. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 17TH NOVEMBER, 2008 17TH NOVEMBER, 2008 17TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. The petition challenges the order dated 19.9.2008 by which the Misc. Application No.10 of 2008 filed by the petitioner has been allowed. The delay in filing the appeal has been condoned by the Joint Charity Commissioner, Kolhapur Region, Kolhapur. It is contended on behalf of the petitioners that Balasaheb Shripati Hirugade had filed an application before the Joint Charity Commissioner for the certified copies of the documents and the orders passed granting the Change Report, in order to file an appeal. However, Hirugade has stated that no such application has been filed by him. An affidavit to that effect has been placed on 2 record by him. Balasaheb Shripati Hirugade has stated in his affidavit dated 10.11.2008 that he did not, at any point of time, make any application before the Joint Charity Commissioner for the copies of the relevant documents and orders passed and, therefore, it cannot be said that he was aware of the order having been passed prior to 18.6.2008. 2. In reply, the petitioners have filed an affidavit in rejoinder and annexed photo copies of the applications purported to have been filed by Balasaheb Shripati Hirugade in which he has sought certified copies of the relevant documents. 3. It is not possible to conduct an enquiry in this Court as to whether the writing on those applications is that of Hirugade and whether the signature appended to those documents is that of Hirugade. These documents are at pages 45 and 46 and annexed at Annexure-A1 to the affidavit in rejoinder. 4. Accordingly, the impugned order is set aside and the miscellaneous application is remanded to the Joint Charity Commissioner for a fresh hearing. The Joint Charity Commissioner will conduct such an enquiry as is necessary to ascertain whether Hirugade had filed the 3 applications which are annexed to the affidavit in reply and whether he had signed those documents. The Joint Charity Commissioner will pass necessary orders in case it is found that Hirugade has in fact signed those documents. In the event it is found that the documents are fabricated, appropriate orders will be passed by the Joint Charity Commissioner. 5. The miscellaneous application will be considered in the light of the enquiry into the genuineness of the aforesaid documents. 6. Writ petition disposed of accordingly.