1 WP1971.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1971 OF 2011 ALONG WITH CIVIL APPLICATION NO. 1040 OF 2011 1. Sarvajanik Vachanalaya & ors. ... Petitioners v/s 1. Shri Prabhakar Yashwant Kulkarni & ors. ... Respondents Mr.P.B.Shah and Vivek Salunke for the petiitioners. Mr.Sandeep K. Shinde for Resp. No.1. Mr.Sagar Kasar for Resp. No.2. CORAM: R.V. MORE, J. DATED: 3RD MAY, 2011 P.C.: 1. Heard learned counsel for the petitioners, respondent Nos.1 and 2 and the learned A.G.P. for respondent No.5. Respondent Nos.3 and 4 are served, however, nobody appears on their behalf. Mr.Shah submits that otherwise also respondent Nos.3 and 4 have submitted their objection to the change report and therefore their presence may not be required. 2 WP1971.11 2. The petitioners have restricted their petition to the relief claimed in terms of prayer clause (d). By the said prayer, they have challenged the order dated 15.1.2011 passed by the Deputy Charity Commissioner in an application under Section 73A of the Bombay Public Trusts Act (hereinafter referred to as “the said Act”). The petitioner by this application prayed for intervention in the proceeding of Change Report No.790 of 2008. The petitioner further wanted their names to be substituted in place of original applicant in Change Report No.790 of 2008. This was objected by the reporting trustees and the application came to be rejected. 3. The learned counsel for respondent No.2 who is reporting trustee and the Chief Secretary of the Trust submits that they have no objection for petitioners’ intervention in the said change report. The petitioners are also entitled to lead the evidence, however, they cannot substitute in place of reporting trustee. Mr.Shah, the learned counsel for the petitioners submits that the interest of the Trust would also be protected if the petitioners are allowed to intervene in the said change report and allowed to lead evidence. In the aforesaid facts and circumstances, the petition is disposed of by passing the following order: 3 WP1971.11 (i) The petitioners are allowed to intervene in the proceedings of the Change Report No.790 of 2008. They are further allowed to lead evidence in support of their contentions. (ii) The Deputy Charity Commissioner shall dispose of the said Change Report No.790 of 2008 as expeditiously as possible, on its own merits and preferably within a period of six months from the date of receipt of this order. (iii) Needless to mention, all the contentions of the respective parties are kept open. 4. In view of the above, the Civil Application No. 1040 of 2011 will not survive and the same is also disposed of. (RANJIT MORE, J.) 4 WP1971.11