2024:BHC-AS:11841 Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3511 OF 2020 SHABNOOR AYUB Shree Brahmanath Devasthan PATHAN DSPAHig TAi HtBa ANl NyO sOigRn AedY UbBy Unchagaon, Taluka Karveerm District D14a:t4e4: :22032 +4.00533.102 Kolhapur Being a Public Charitable Trust Bearing Registration No.A-48, Kolhapur, Through the Trustee Shri. Rajendra Shantaram Zurale Age: 57 years, Occ. Business, Officer/at: Unchgaon, Taluka Karveer, District Kolhapur … Petitioner V/s.

The Joint Charity Commissioner Kolhapur Region, Kolhapur … Respondent Mr. Anil Anturkar, Senior Advocate with Mr. Ranjit D.

Shinde, for the petitioner.

Mrs. V. R. Raje, AGP for the State/respondent.

CORAM : AMIT BORKAR, J.

DATED : MARCH 6, 2024 ORAL JUDGMENT:

1. The challenge in this writ petition is to the order dated 5^th 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 5^th February 2015. Aggrieved thereby, the petitioner approached this Court vide Writ Petition No.3035 of 2015. This Court, by an order dated 31^st 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 6^th April 2017 rejected the application.

3. The petitioner, therefore, again filed Writ Petition No.8501 of 2017. This Court, by an order dated 22^nd 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 respondent. This Court, by an order dated 11^th April 2019, set aside the order by granting liberty to the petitioner to file a fresh application. Accordingly, the petitioner filed Application No.10 of 2019. By the impugned order dated 5^th August 2019, the respondent rejected the application seeking permission to sell trust property.

4. On perusal of the impugned order, it appears that the Charity Commissioner recorded a finding that the value of trust property as per government valuation was Rs.1,17,30,000/-. However, the Charity Commissioner based on the possibility of the trust property having the potential to be converted into a non-agricultural purpose formed an opinion that the property may fetch a value of Rs.10 lakh to 20 lakh per Guntha. With the result, the market value of the property may range from 4 crores to 6 crores and, therefore, the amount offered by the prospective purchaser is not in the interest of the trust. Moreover, it is observed that the prospective purchaser has not deposited an earnest amount with the trust. It is also observed that a person named Waigunde is a tenant in the property. It is observed that provisions of the Maharashtra Tenancy and Agricultural Lands Act, 1948 do not apply to the public trust. It is held that the acceptance of the amount from purchasers before the sale is an illegality that cannot be permitted. The petitioner has, therefore, challenged the order of the Charity Commissioner the present writ petition.

5. Mr. Anturkar, learned senior Advocate on behalf of the petitioner relying on Rules 6 and 24 of the Maharashtra Public Trust Rules, 1951 submitted that an object of the trust cannot be the sole factor while considering the need of trust to sell the trust property. The purpose mentioned in the application is for the renovation of the temple along with all other purposes and, therefore, the Charitable Commissioner could not have rejected the permission based on the factor of the imaginary market value of the property. According to him, the market va