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2021 Supreme(Bom) 1638

AVINASH G.GHAROTE
Vilas Anand Kale – Appellant
Versus
Joint Charity Commissioner, Nagpur – Respondent


Advocates Appeared:
For the Petitioners: Sunil Manohar, Atharv Manohar
For the Respondent: K. L. Dharmadhikari.

JUDGMENT :

1. Heard Mr. Sunil Manohar learned Senior Counsel for the petitioners and Mr. K. L. Dharmadhikari, learned AGP for the respondent.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3. The present petition challenges the judgment dated 20-1-2020 passed by the learned Joint Charity Commissioner, Nagpur, rejecting the Application No. 206/2017, filed under section 36(1)(a) of the Maharashtra Public Trust Act, 1950, seeking permission to sell the land of the trust.

4. It is submitted that the trust owns the following immovable properties :

    “A) Mouza Wajbodi, Tah. Katol, Distt. Nagpur, Mouza No. 303, Thak No. 412, P.H.No. 57

Survey No. Area (Hectors) Area (Acres) Jama Right 2 4.00 9.88 70.56 Bhumiswamy 77 14.83 36.65 0.87 Bhumiswamy 100 0.64 1.58 5.25 Bhumiswamy 183 2.63 6.50 2.12 Bhumiswamy 22.10 54.61 78.80

B) House property at Village Wajbodi, Tah. Katol, Dist. Nagpur, Ward No. 1, House No. 23, admeasuring 9463 sq.ft. which is bounded as under; East : Road West : House of Bhagatsingh Thakur North : Road South : Survey No. 2

C) House property at Village Wajbodi, Tah. Katol, Dist. Nagpur, Ward No. 1, House No.

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