srk １ pil-81-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (PIL) NO. 81 OF 2008 Firoz Jehanbux Kotwal ... Petitioner Versus Charity Commissioner, Greater Mumbai Region and others. ... Respondents Mr. Pankaj Kowli i/by Mr. R.H. Bhandari for the petitioner. Mr. Mangesh D. Chavan for respondent Nos.10 to 15. Mr. D.A. Nalawade, Government Pleader for Charity Commissioner. CORAM : MOHIT S. SHAH, C.J. & S.C. DHARMADHIKARI, J. Thursday, July 22, 2010 P .C. In this petition purporting to be PIL, the petitioner who claims to be the beneficiary in the Bombay Parsi Panchayat Trust's funds and properties has challenged the collection of one month's extra rent from tenants of the properties of respondent No.2-Trust. 2. It is submitted that the petitioner has also prayed for removal of respondent No.3 from the office of the Chief Executive of the said Trust and to file appropriate charges against him. The petitioner has further prayed for a direction that the one month's extra rent collected from the tenants be refunded to the tenants. 3. While issuing notice on this petition, a statement was made on behalf of the petitioner that the petitioner is ready to deposit Rs.40,000/- as a condition precedent to entertain and treat this petition as PIL. srk ２ pil-81-08 4. Having heard the learned counsel for the petitioner, the learned Government Pleader for the Charity Commissioner and the learned counsel for the present trustees, we are of the view that this petition cannot be entertained as PIL because the petitioner is challenging collection of one month's extra rent from the tenants of respondent-trust. According to the learned counsel for respondent No.2 and the trustees, it is submitted that the tenants are voluntarily contributing for the respondent No.2-Trust. 5. Without going into the above controversy, we are of the view that in the first place, such a writ petition under Article 226 of the Constitution of India could not be entertained, much less as PIL. 6. Whatever action the petitioner is seeking as a beneficiary of the trust, if the petitioner has any remedies available to him under the law, it would be open to the petitioner to avail of such remedies. 7. The petition is, therefore, dismissed without prejudice to the petitioner's right to seek remedies in law available to him from the appropriate forum. 8. Subject to the above liberty, the petition is dismissed. Out of the amount of Rs.40,000/- which is stated to have been deposited by the petitioner, we permit the petitioner to withdraw Rs.20,000/-. Balance amount of Rs.20,000/- shall be permitted to be withdrawn by the Charity Commissioner as costs of this petition. CHIEF JUSTICE S.C. DHARMADHIKARI, J.