1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7727 OF 2009 IN WRIT PETITION NO. 4185 OF 2009 Tulsidas S/o Rangnath Surwase .... PETITIONER V E R S U S Rambhau S/o Narhari Borade & Others ..... RESPONDENTS Mr. R.R. Mantri instructed by Mr. G.S. Patil, Counsel for Petitioner. Mr. Amit Mukhedkar, Counsel for Respondent Nos.1 & 2. Mr. V.D.Salunke, Counsel for Respondent No.4. ............................. [ CORAM : K.K. TATED, J. ] DATE : 6th AUGUST,2009 1. Heard learned counsel for parties. 2. The present Civil Application is preferred by original petitioner for stay of the Order dated 4/6/2009 passed by the learned Assistant Charity Commissioner at Osmanabad in Enquiry No. 184 of 2007 under Section 41A of the Bombay Public Trust Act, 1950. 2 3. Writ Petition No. 4185 of 2009 was on board for admission on 22/7/2009. At that time, at the request of learned counsel appearing on behalf of petitioner, matter was adjourned to 20/8/2009. As the election is scheduled on 7/8/2009, petitioner preferred present Civil Application for following reliefs : “ [ C ] Pending, hearing and final disposal of the Writ petition, further Election process of the Trust namely Vidya Vikas Mandal, Pathrud, may please be stayed; [ D ] The Respondents may please be directed to maintain status-quo in matter. [ E ] Pending hearing and final disposal of the Writ Petition, the operation, implementation, effect and execution of the Clause No. 2 of the operative part of Order dated 28/7/2009 passed by Joint Charity Commissioner below Exh. 3 of the Appeal No. 24/2009 (annexed at Exh.A-2), may please be stayed. ” 3 4. It is the contention of the learned counsel appearing on behalf of petitioner that the hearing of Enquiry No. 184 of 2007 was postponed sine die on 23/12/2008 and thereafter suddenly, the matter was taken on board on 23/4/2009 without notice to the petitioner and his counsel. Because of that, no one was present on behalf of petitioner when the matter was taken for hearing. This issue can be decided at the time of admission of the present Writ Petition scheduled on 20/8/2009. 5. Mr. Amit Mukhedkar, learned counsel appearing on behalf of Respondent nos. 1 & 2 submits that the present Civil Application is preferred by the applicant Mr. Tulsidas S/o Rangnath Surwase as a Secretary of Vidya Vikas Mandal Trust. He further pointed out that the Jt. Charity Commissioner, Latur Division, Latur by Order dated 6/7/2009 below Exh. 1 in Application No. 3 of 2003 under Section 41 D of the Bombay Public Trust Act,1950, suspended the applicant from the trusteeship of the Managing committee of the Trust and, therefore, he is not competent person to file the present Civil Application. 6. Admittedly, the petitioner preferred Appeal against the Order of suspension dated 6/7/2009 and the same is pending. There is no stay in the said Appeal. Considering these facts, the present Civil Application can not be entertained at present. 4 7. In any case, it is made clear that the election of the Trust which is due on 7/8/2009 will be subject to the out come of the present Writ Petition. Civil Application disposed of accordingly. Writ Petition be placed on board on 20/8/2009 for admission, which is already due on that day. [ K.K. TATED, J. ] knp/CA7727.09