1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3598 OF 2009, 1. ADVOCATE ZIAUDDIN ISHAQ, R/O. OLD JAIL KHANA, BHALDARPURA, NAGPUR. .. PETITIONER/S. VERSUS 1. THE DY. CHARITY COMMISSIONER, NAGPUR. 2. HIFZUL RAHMAN S/O.MOHAMMAD USMAN, R/O. HAIDRI ROAD, MOMINPURA, NAGPUR. .. RESPONDENT/S. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri S.D.Abhyankar, Advocate for Petitioner. Shri S.M.Pathak, Advocate for Respondent No.1. CORAM : R.C.CHAVAN, J. DATED : SEPTEMBER 09, 2009. 1. This petition, by a person claiming to be outgoing trustee, takes exception to rejection by the Deputy Charity Commissioner of his application Exh.47 for recall of order below Exh.44. According to the petitioner, when order below Exh.44 was passed the Deputy Charity Commissioner had not considered the order of the Joint Charity Commissioner dated 2nd January, 1981. By this order the Joint Charity Commissioner had directed that both the parties should be given opportunity for leading such evidence as they may 2 deem fit. In this judgment of the Joint Charity Commissioner a reference was made to a judgment in Civil Suit No.8 of 1971, whereby it was held that the petitioner has ceased to be a member of the concerned trust. Now, this order of the Joint Charity Commissioner was very much available on record. While arguing application Exh.44 the petitioner does not seem to have drawn the attention of the Deputy Charity Commissioner to the Joint Charity Commissioner’s judgment dated 02.01.1981. If something was available to the petitioner, which he failed to show to the concerned Authority, he must suffer. Review would be tenable only if something is either discovered after the order is passed or could not have been known by the petitioner when the matter was first argued. 2. No fault can be found with the impugned order. The petition is, therefore, dismissed. JUDGE RR.