1 WP 6123.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6123 OF 2011 Khandesh College Education Society .... PETITIONER V E R S U S The Joint Charity Commissioner, Nashik .... RESPONDENT Mr. V.D.Hon, Advocate for the Petitioner. Mr. R.P.Phatake, Asstt. Govt. Pleader for State. CORAM : S.V. GANGAPURWALA, J. DATE : 06/09/2011 ORAL ORDER : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. The petitioner is a Trust registered under the provisions of the Bombay Public Trust Act, 1950 [ For short, ‘ B.P.T. Act ’ ]. The present petitioner had moved an application U/s 36-A of the B.P.T. Act seeking permission to raise loan. The said application is rejected. The petitioner filed an application for review. The said review petition is also dismissed. Aggrieved thereby, the present Writ Petition is filed. 2 WP 6123.2011 3. Heard the learned counsel for the respective parties. 4. The petitioner had filed the documents along with review petition. However, the same were not filed when an application was filed. The Jt. Charity Commissioner did not consider the same as they were not filed with the main application, but only in review petition. The review petition was also rejected on the ground that the Jt. Charity Commissioner does not have any inherent power to review its own order. 5. The record shows that earlier also the petitioner has taken loan with the sanction of the Jt. Charity Commissioner. The document issued from the bank, from whom the loan has been taken, depict that the petitioner has paid the instalments in time and is maintaining regularly the accounts. 6. In the present case, all the documents were not filed along with the application. In light of the above, with a view to afford an opportunity to the petitioner, I deem it appropriate to quash and set aside the impugned order and direct the Jt. Charity Commissioner to decide the application bearing No. 14 of 2010 afresh. The petitioner is at liberty to file such documents, on which he wants to place reliance. The Jt. Charity Commissioner shall 3 WP 6123.2011 consider the said application and the documents filed on its own merits and after giving an opportunity to the petitioner, shall decide the said application. The petitioner shall appear before the Jt. Charity Commissioner on 12/09/2011. The Jt. Charity Commissioner shall decide the said application expeditiously and preferably within the period of four ( 4 ) weeks from the date of appearance. 7. Rule is accordingly made absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 6123.2011