1 wp10441.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.10441 OF 2010 WITH WRIT PETITION NO.10007 OF 2010 Suresh Manikrao Birajdar ...PETITIONER. VERSUS Bharat Shikshan Sanstha Trust and others. ...RESPONDENTS. ... Shri Hiraji Gaikwad, Advocate for petitioner. Shri J.R. Patil, Advocate for R.No.19 to 21 Shri D.R. Adhav, Advocate for R.No.18.. ... WITH WRIT PETITION NO.10007 OF 2010 Madhavrao Santram Patil and ors. ...PETITIONERS. VERSUS Bharat Shikshan Sanstha Trust through President and others. ...RESPONDENTS. ... Shri J.R. Patil, Advocate for petitioners. Shri D.V. Tele, AGP for State. Shri D.R. Adhav, Advocate for R.No.19. Shri A.M. Gaikwad, Advocate for R.Nos.13 & 18. ... 2 wp10441.10 CORAM: S.S. SHINDE,J. RESERVED ON:17th OCTOBER, 2011. PRONOUNCED ON : 19th OCTOBER, 2011. PER COURT: 1. Heard Advocate Shri Gaikwad for petitioner in Writ Petition No. 10441/2010, Advocate Shri J.R. Patil for petitioners in Writ Petition No. 10007/2010. The petitions arise out of the same order dated 20.9.2010 delivered by Joint Charity Commissioner below Exh. 3 in Inquiry No. 11/2010. 2. The office of Joint Charity Commissioner earlier had granted interim relief and on an application moved for its vacation, after hearing all concerned, the impugned order has been passed. The Joint Charity Commissioner has found that the body whose change report has been accepted could not have been restrained from managing the affairs of the trust. 3. Shri Patil, at the outset, stated that proceedings before Joint Charity 3 wp10441.10 Commissioner should be expedited. He further urged that as some plots have been sold by the body whose change report has been accepted, that body should be restrained from selling the immovable property. 4. Shri Gaikwad has urged that those transactions were by earlier body and petitioner in WP 10007/2010 were parties to it. He has further pointed out that restraining orders in this respect passed under section 41-A of Bombay Public Trusts Act are still holding the field and hence, Managing Committee is not in a position to deal with any immovable property. 5. Learned A.G.P. has requested the Court to grant sufficient time to dispose of the revisions. 6. Perusal of impugned order itself reveals that Joint Charity Commissioner has directed the Assistant Charity Commissioner, Latur to dispose of change report inquiry No.752/2007 expeditiously. In view of this, revision No. 4 wp10441.10 11/2010 is expedited and Joint Charity Commissioner at Aurangabad (In-charge) is directed to decide the same, as early as possible and in any case, within a period of six months from today. 7. As restraining orders passed under section 41-A are already operating, it is not necessary to pass any orders here in that respect. 8. Parties are directed to appear before that authority on 14th November, 2011 and to communicate this order to it. 9. With this directions, writ petitions are partly allowed and disposed of accordingly. No order as to costs. [ S.S. SHINDE, J ] Kadam.