(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2788 OF 2011 Radheshyam s/o. Gopikishan Mantri, Age : 65 years, Occupation : Business, R/o. Badnapur, Taluka : Badnapur, District : Jalna, At present : Jalna, .. Petitioners and another. (Original applicants) versus The State of Maharashtra, through the Joint Charity Commissioner, Aurangabad, and 8 others. .. Respondents. ....................... Mr. K.J. Suryawanshi, Advocate, for the petitioners. Mr. K.J. Ghute Patil, Assistant Government Pleader, for respondent no.1. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 18TH APRIL 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. K.J. Suryawanshi, for the petitioner, and learned AGP Mr. K.J. Ghute Patil, for respondent no.1. 2. The petitioners have challenged the order dated 9-2-2011, passed by the learned Joint Charity Commissioner, Aurangabad, below Exhibit 5 in Application No. 9/2010. 3. Two groups of trustees are fighting against each other. One group has undertaken construction which according to the Joint Charity Commissioner has reached up to slab level. The Joint Charity Commissioner, therefore, did not grant any order of restraint against them. Petitioners before this court urge that the other group could not have accepted deposit without previous permission of Joint Charity Commissioner and construction being made is also illegal and not in the interest of the Trust. 4. The grievance is being considered by the Joint Charity Commissioner. Reason given by the Joint Charity Commissioner for rejecting interim prayer cannot be said to be perverse. The said reason is not demonstrated to be either erroneous or perverse before this court. I do not find any jurisdictional error or perversity. (3) 5. In the result, the petition is dismissed. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp2788