1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 395 OF 2008 (Rashtriya Shikshan Gondia .v. Assistant Charity Commissioner and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri M.P. Lala, Advocate for the petitioner. Shri S.S. Doifode, AGP for the respondent No.1. Shri M.L. Bhure, Advocate for the respondent No.2. CORAM : B.R. GAVAI, J. 14TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present petition, the petitioner challenges the order dated 10th December, 2007 passed by the learned Assistant Charity Commissioner, Bhandara in Enquiry No. 582/2007. Shri M.P. Lala, the learned Counsel appearing on behalf of the petitioner submits that the learned Assistant Charity Commissioner, Bhandara has grossly erred in issuing the directions after having come to the conclusion that the application filed by the respondent No.2 itself was not tenable. I find that once the learned Assistant Charity Commissioner has come to a conclusion that the application under Section 41-A was not tenable, it was 2 not proper on the part of the authority to have issued the directions which are issued by him under the impugned order. However, taking into consideration the fact that the directions which are issued are in the interest of Trust, I am not inclined to entertain the petition under Article 227 of the Constitution of India. Hence, the petition is dismissed. The respondent No.1 is directed to decide the proceedings mentioned in para 4 of the petition as expeditiously as possible and preferably within a period of nine months from today. JUDGE *rrg.