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2024 Supreme(Bom) 264

AMIT BORKAR
Shree Brahmanath Devasthan Unchagaon, Through the Trustee Shri. Rajendra Shantaram Zurale – Appellant
Versus
Joint Charity Commissioner, Kolhapur – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anil Anturkar, Sr. Adv. with Mr. Ranjit D. Shinde.
For the State/respondent: Mrs. V. R. Raje, AGP.

JUDGMENT :

1. The challenge in this writ petition is to the order dated 5th August 2019 rejecting the petitioner's application for permission under section 36(1) of the Maharashtra Public Trust Act, 1950.

2. The petitioner initially applied under section 36(1) of the said Act before the respondent for permission to sell Gat No.351, measuring 42.5 Guntha at village Usgaon, Taluka Karveen District Kolhapur. The respondent rejected the application by order dated 5th February 2015. Aggrieved thereby, the petitioner approached this Court vide Writ Petition No.3035 of 2015. This Court, by an order dated 31st March 2016, remanded the proceedings back to the respondent for a decision afresh. Accordingly, respondent invited tenders by publishing them in the daily "Lokmat" and daily "Times of India". However, the respondent by an order dated 6th April 2017 rejected the application.

3. The petitioner, therefore, again filed Writ Petition No.8501 of 2017. This Court, by an order dated 22nd March 2019 directed the respondent to depute an official from his office to inspect the trust property and submit the report. Based on the order, the official of the respondent submitted such a report to the re

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