V.M. Kanade, J.

1. The petitioners have filed this petition under Article 226 of the Constitution of India and are seeking writ of certiorari or any other appropriate writ for quashing the Order dated 6th August, 2001 passed by the Charity commissioner refusing permission to sell the property owned by the Petitioner No. 1

-Trust to the third parties and for direction directing the 1st respondent to sanction the said application in respect of the said Plot Nos. 154 and 155 situated at Goregaon (West).

1. 2. Brief facts which are relevant for the purpose of deciding the present petition are as follows :

.3. The petitioner No. 1 is registered under the Societies Registration Act, 1860 and the Bombay Public Trust Act, 1950 and the petitioner No. 2 is the General Secretary-Trustee of the 1st petitioner. Respondent No. 1 is the Charity Commissioner of the Maharashtra State. Respondent No. 2 is the State of Maharashtra and respondent No. 3 is the Ex-Vice

.President of the Parents Teachers Association of the Mount Mary High School. It is an admitted position that the 3rd respondent is an ex-parent and his children are no longer taking education in the said Institution.

2. 4. The 1