1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2469 OF 2009 National Momin Education Society, Beed, Through President Md. Abdul Samad, Age 47 yrs., Occu. Business, R/o. Mominpura, Beed. ....Petitioner. Versus Sayed Khalil Ahamad Abdulla, Age Major, Occu. Service, R/o. Momin Galli, Georai, Tq. Georai, Dist. Beed. ....Respondent. Shri. S.S. Wagh, Advocate for petitioner. Shri. M.P. Tripathi, Advocate for respondent. WITH WRIT PETITION NO. 2470 OF 2009 National Momin Education Society, Beed, Through President Md. Abdul Samad, Age 47 yrs., Occu. Business, R/o. Mominpura, Beed. ....Petitioner. Versus Mohamad Abdul Rashid Vazirmiya, Age Major, Occu. Service, R/o.Hujra Mominpura, Dist. Beed. ....Respondent. Shri. S.S. Wagh, Advocate for petitioner. Shri. M.P. Tripathi, Advocate for respondent. 2 CORAM : R.K. DESHPANDE, J. DATE : 28th June 2010. ORAL JUDGMENT : 1. By these petitions, the petitioner Society challenges the order dated 27.1.2009 passed below Exh. 1 in appeal Nos. 33/2001 and 37/2001 by the learned Joint Charity Commissioner, Latur Region, Latur. By this order, the respondent in both the petitions, who were objectors to the change report inquiry Nos. 533/1997, 902/1997, are directed to join the trust "National Momin Education Society, Beed", and the then trustees and Shri. Siddiq Ahmed Afjaloddin, resident of Beed and Shri. Khurshid Hussain Lakha Hussain, resident of Beed, as respondents to the appeal. It is further directed that if appellants fail to take necessary steps to join the necessary parties to this appeal within one month from the date of this order, they shall suffer consequences. 2. Notices in these matters were issued on 29th of April 2009. It was made returnable on 6.11.2009. Shri. Tripathi, learned counsel appears for the respondent sole in both petitions. The learned counsel for the parties agree that the matters can be disposed of finally at this stage. Hence, Rule, made returnable forthwith. Shri. Tripathi, learned counsel waives service of notice for respondent in both petitions. 3. The first ground of challenge to the order impugned is that, it has 3 been passed without hearing the trust i.e. National Momin Education Society, Beed. The second ground is that if such an application is allowed, the matter will be get back to the year 1997 and thereafter, certain change reports are also filed on record and it is fruitless exercise. 4. The instant writ petitions have been preferred by National Momin Education Society, Beed through its President Md. Abdul Samad. It is not in dispute that the change report inquiry Nos. 533/1997 and 902/1997 have been filed by the President Md. Adul Samad. It is also not in dispute that he has been heard in the matter before passing the impugned order on merits. However, the trust i.e. National Momin Education Society, Beed was not given any notice of hearing on this aspect. 5. The question of issuance of notice to National Momin Education Society, Beed before passing the impugned order does not arise as it is the said trust which is directed to be joined as a party to the proceedings. The said trust is represented by the President Md. Abdul Samad, who has filed change report inquiry No. 533/1997 and 902/1997. He has participated in the said proceedings. The learned Joint Charity Commissioner after taking into consideration all the aspects, has held that the trust and those trustees of the said trusts, are necessary parties and hence, the order has been passed directing the objector/respondent to join the said trust and the trustees as a party. 4 6. The discretion exercised by the learned Joint Charity Commissioner, in the facts and circumstances of the case, cannot be said to be erroneous, perverse which requires interference under Article 226 and 227 of the Constitution of India. Hence, the petitions are dismissed. Rule is discharged. No costs. [ R.K. DESHPANDE, J. ] ssc/wp2469.09