1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4100 OF 2010 Sattar Khan Abbas Khan -: VERSUS :- Shamshad Khan, President and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 26, 2010. Heard Shri M.I.Dhatrak, learned Counsel for petitioner. He orally requested for leave to join the Joint Charity Commissioner as party respondent no.20. Leave granted. Amendment be carried out forthwith. Learned A.G.P. present in the court upon request waives notice for added respondent. Contention of Shri Dhatrak, learned counsel is that in 2001 the Assistant Charity Commissioner has issued some directions and though directions are not being fulfilled till date because of this failure, Exh. 35 was moved in proceeding No. 8/2004 under Section 41- D of the Bombay Public Trust Act, before the Joint Charity Commissioner. This application has been rejected. 2 Learned A.G.P. points out that the Joint Charity Commissioner has found that the proceedings under Section 41-D are for final disposal and hence no interim relief was necessary. He is also seeking time to obtain further instructions in the matter. I find that the Joint Charity Commissioner has exercised the discretion correctly. The failure being alleged is of 2001direction and in proceedings instituted in 2004. The charges were framed on 24.04.2009 and then Exh.35 came to be filed on 20.11.2009. The Joint Charity Commissioner has in this background found the that the proceedings are for final disposal and has refused to grant any interim prayer. As there is no perversity or jurisdictional error I am not inclined to grant the prayer. However, the added respondent no.20 is directed to dispose of the proceeding No. 8/2004 as early as possible and in any case within a period of 6 months from the date of communication of this order to it. With this direction, Writ Petition is disposed of. No costs. JUDGE Rgd.