1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3535 OF 2009 Sadashiv s/o Haribhau Nagle .. PETITIONER VERSUS The Assistant Charity Commissioner & others .. RESPONDENTS Mr. A.P. Bhandari, Advocate for the petitioner. Mr. R.A. Tambe, Advocate for respondent nos. 2 and 3. ===== CORAM : R. M. BORDE, J. DATE : 1st APRIL, 2010. PER COURT : 1 Interlocutory order passed by the Assistant Charity Commissioner during the pendency of the change report proceeding bearing enquiry no. 859/2007 is the subject matter of challenge in this petition. 2 It is pointed out by learned counsel for the parties that the change reported in enquiry no. 859/2007 is in respect of the period ending on July 2 2008. It is also further pointed out that there are change reports presented for the subsequent period based on the elections held in 2009 and those are pending for adjudication before the authority. Learned counsel for the respondent has also brought to my notice the decision rendered by the Division Bench in Writ Petition no. 1506/2009 wherein it has been observed thus : . It is stated that the change applications of the year 2007 pertain to elections held in the year 2007, subsequent thereto new committee has taken over the affairs of the trust in view of the elections held in 2009. If it is so, the earlier change applications for recording the change on the basis of earlier elections obviously must have become infructuous. Even that aspect can be considered at the appropriate stage. 3 In view of the decision referred to above, the question raised in the matter in respect of change for a period between 2007-2008 has become stale and is of merely academic importance. The Assistant Charity Commissioner is expected to deal with the enquiry applications for the period subsequent thereto. All the parties have liberty to agitate all the issues before the Assistant Charity Commissioner in the pending enquiry. So far as the instant petition is concerned, it relates to the issue which in itself is rendered infructuous, as such, no interference is called for in the instant petition. Petition therefore stands disposed of. 3 4 Pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp3535.09.odt