- (1.) HEARD learned Counsels for the parties.
(2.) THE petitioner herein, a Trustee of Vimukta Jati Kalyan Mandal, Himmatnagar has preferred this Writ Petition under Article 226 of the Constitution of India with the following prayers :- "(A) Your Lordship may be pleased to admit and to allow this application. (B) Your Lordship may be pleased to issue a writ of mandamus or any appropriate writ, order and direction to the Charity Commissioner to recall the order dt.27.06.2005 (At Annex.E) looking to the changed circumstances as not a single change report is now pending. (C) Your Lordship may be further pleased to command the Charity Commissioner to immediately relieve the employees of the trust from the responsibility of administration and management of the institutions run by Shri Vimukta Jati Kalyan Mandal. (D) Pending admission hearing and final disposal of this petition your Lordships may be pleased to issue an ad-interim injunction commanding the Charity Commissioner to immediately hand over the administration and management of the institutions to the founder trust i.e. Shri Vimukta Jati Kalyan Mandal forthwith. (E) Pending admission, hearing and final disposal of this petition Your Lordship may be pleased to direct the Charity Commissioner to comply with his own order of 27.06.2005 (at Annex.E) as early as possible." Upon issuing of Notice, learned Counsel appearing for the newly added respondents No.2 to 6 submits that this petition suffers from vice of suppression of material fact about filing of Special Civil Application No.8536/2012 for the same subject matter and the prayer made in this petition. A copy of the order dated 27.06.12 passed in Special Civil Application No.8536/2012 is produced at Annexure 'A' of the affidavit-in- reply wherein following prayers were made in the earlier Writ Petition :- "7(A) Your Lordship may be pleased to admit and allow this application. (B) Your Lordships may be pleased to issue a writ of mandamus or any appropriate writ, order or direction to the respondents to quash and set aside the order dated 27.6.2005 at annexure-A. (C) Your Lordship may be further pleased to command the Charity Commissioner, the respondent No.2 to handover the charges pertaining to the institutions run by the petitioner trust to the petitioner trust forthwith. (D) Pending admission, hearing and final disposal of this petition your Lordships may be pleased to direct the respondent to handover the charge of the institution to the petitioner. (E) Your Lordship may be pleased to grant such other and further relief/s as deemed just and proper in the interest of justice."
(3.) THE above petition was not entertained and disposed of, in view of submissions made by learned Counsel for the petitioner that he would make an appropriate application in accordance with the provisions of the Bombay Public Trusts Act, 1950 before the competent authority. This petition is now filed by another Trustee, who happens to be wife of the petitioner trustee of the Trust of earlier Writ Petition, though filed in the name of a Trust, but the husband of the petitioner herein.;