( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ FIRST APPEAL NO.361 OF 2009 FIRST APPEAL NO.361 OF 2009 FIRST APPEAL NO.361 OF 2009 Dargah Khawaja Makhdum Shaikh Salauddin Siddiqul Chazi Chisti Nizami (R A) @ Shaikh Salla ..Appellants Dargah & Ors. V/s. Sadulla Sahabuddin Peerzade and Ors. ..Respondents ...... Mr. Y.S. Jahagirdar i/by Mr. Balkrishna Joshi for the appellant Mr. L.S.Gaikwad for the respondent Nos.1 to 3. Mr. Vilas B. Tapkir for respondent No.4 ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 20th April, 2009 DATED : 20th April, 2009 DATED : 20th April, 2009 P.C.: P.C.: P.C.: 1. By order dated 15th June, 2006 learned Deputy Charity Commissioner, Pune Region, Pune permitted the amendment to the scheme and permitted the members of the Board who were then working to work till 25th January, 2012. That order came to be challenged before the learned District Judge, Pune who set aside the said order and directed that the application for amendment of the scheme should be reconsidered by the Deputy Charity Commissioner in accordance with provisions of law. This order is dated 9th February, 2009 and the said order challenged in this first appeal. I have perused the application which came to be decided by order dated 15th June, 2006 and in the ( 2 ) said application, nobody was shown as a opponent i.e. to say nobody could have challenged the amendment to the scheme and that is how the job done by the Deputy Charity Commissioner is in my view required to be reconsidered. 2. In my view, in the interest of justice it would be appropriate if the Deputy Charity Commissioner, Pune Region, Pune fixes a date for receiving all objections by anybody who is interested in the activities of the trust and thereafter, after considering the objections of the said persons, decides the questions of amendment to the scheme which were considered by him while disposing of application by his order dated 15th June, 2006. He would publish a notice to that effect on his notice board and he shall supply a copy of the said notice to the present appellants who shall fix the said notice on the notice board of the Trust so that all persons concerned in the matter could get a notice. In my view, this arrangement will meet the ends of justice. 3. Learned advocate Mr.Gaikwad submitted that the present appellants are trying to dispose of the property illegally and therefore they should be restrained from creating third party rights in respect of the property. In my view, seeking the scope of ( 3 ) present appeal, this Court is not required to decide as to whether the appellants can dispose the property of the trust illegally. Needless to mention that if the present applicants are indulging in an illegal act, persons who are aggrieved by that are free to file proceedings in accordance with provisions of law. No such sanction from this Court is required for that and that matter will be considered on the merits of the allegations levelled in the said matter. 4. With the aforesaid directions, I am inclined to dispose of the first appeal in the following terms. ORDER ORDER ORDER . The impugned order dated 9th February, 2009 passed by learned District Judge No.IV Pune in Civil Miscellaneous Application No.627 of 2008 is set aside and in its place following order is passed. . The impugned order dated 15th June, 2006 passed by the learned Deputy Charity Commissioner, Pune Region, Pune is set aside. The Deputy Charity Commissioner, Pune Region, Pune shall fix a date of hearing as regards objections of the amendment of the scheme. He ( 4 ) shall hear the objections to the said amendment, which would be lodged by persons who are interested in objecting to the said scheme. After considering all the objections and arguments of respective sides, the learned Deputy Charity Commissioner, Pune Region, Pune shall decide the application for the amendment to the scheme which was sought by present appellants. The learned Deputy Charity Commissioner, Pune Region, Pune shall affix the notice to that effect on his notice board, He shall supply a copy of the said notice to the present appellant who shall affix on the notice board of the trust so that all persons who are interested in objecting to the amendment of the scheme shall know about the procedure to be followed by the learned Deputy Charity Commissioner, Pune Region, Pune. The said objections shall be lodged on the date of hearing fixed by the Deputy Charity Commissioner and once the objections are lodged, the Deputy Charity Commissioner shall consider all those objections and he shall dispose them of in accordance with provisions of law. . Request made by learned Counsel ( 5 ) Mr.Gaikwad restraining the appellants from disposing of or creating third party rights in the property of the trust is rejected as of today. If any such step is being taken by the appellants, the persons concerned are free to institute appropriate proceedings for staying such effect. No views are expressed on the merits of the matter. The first appeal stands disposed of with no order as to costs. 5. After the aforesaid order is passed, learned advocate Mr.Gaikwad submitted that present appellants should not be permitted to work as board of management and Court Receiver should be appointed. In my view, such change in the factual aspect is not required at this juncture and request for appointment of Court Receiver is rejected. In view of the above, Civil Application No.1278 of 2009 stands disposed of with no order as to costs. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)