IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.10781 OF 2018 WITH CIVIL APPLICATION NO.1258 OF 2019 IN WRIT PETITION (STAMP) NO.10781 OF 2018 Bhajirao Ramchandra Jadhav Kavthekar since deceased by his LRs-

Smt. Pooja Bajirao Jadhav and Ors. ...Petitioners V/s.

Vidyarthi Sahayyak Mandal and Ors. ...Respondents WITH WRIT PETITION NO.7978 OF 2019 WITH INTERIM APPLICATION NO.3543 OF 2019 IN WRIT PETITION NO.7978 OF 2019 Vijay Dattatray @ Dattu Magdum ...Petitioner V/s.

Vidyarthi Sahayyak Mandal and Ors. ...Respondents WITH WRIT PETITION NO.5189 OF 2019 Ramchandra Santram Kale ...Petitioner V/s.

Vidyarthi Sahayyak Mandal and Digitally Ors. ...Respondents signed by MEGHA MEGHA SHREEDHAR S PAH RR AE BEDHARP DA aR teA :B ______________

2025.05.09 19:38:29 +0530 Mr. S.G. Deshmukh i/b. Mr. Nandkumar N. Bhosle for the Petitioner in WPST/10781/2018.

Mr. Deepak A. Lad for the Petitioner in WP/7978/2019.

Ms. Ketki Patil, i/b. Mr. Abhijit Adagule for the Petitioner in WP/5189/2019 Mr. A.S. Khandeparkar, Senior Advocate with Mr. Prerak A.

Sharma for Respondent No.1.

Mr. Sagar Ghogre with Mr. Sarvesh Gawade i/b. Mr. Nitin Deshpande for Respondent No.3.

Mr. P.V. Nelson Rajan, AGP for Respondent -State in WP/5189/2019.

Ms. Snehal Jadhav, AGP for Respondent -State in WPST/10781/2018 Ms. Aloka Nadkarni, AGO for Respondent -State in WPST/7978/2019 ______________

CORAM: SANDEEP V. MARNE, J.

Dated: 8 MAY 2025.

P.C.:

Civil Application No.1258 of 2019:-

1) Application is filed to bring on record the legal heirs of deceased Petitioner No.1. Application is fairly not opposed by the learned counsel appearing for the Respondents. For the reasons pleaded in the application, the same is allowed. The legal representatives of the deceased Petitioner No.1 are permitted to be brought on record. Amendment to be carried out forthwith

2) Civil Application stands disposed of.

Writ Petition (stamp) Nos.10781 of 2018, 7978 of 2019 and

5189 of 2019:-

3) Writ Petition (stamp) No. 10781 of 2018 and Writ Petition No. 7978 of 2018 are filed by Petitioners, who claim themselves to be the tenants in the property, which is slated to be alienated at the instance of the Respondent -Trust in pursuance of permission granted by the Joint Charity Commissioner, Kolhapur, under Section 36 of the Maharashtra Public Trusts Act, 1950(the MPT Act). In Writ Petition No. 5189 of 2018, the Petitioner therein claims to have acquired ownership in the property.

4) I have heard Mr. Deshmukh, the learned counsel appearing for the Petitioner in Writ Petition (stamp) No.10781 of 2018, Mr. Lad in Writ Petition No.7978 of 2019 and Ms. Ketki Patil, the learned counsel appearing for the Petitioner in Writ Petition No.5189 of 2019. I have also heard Mr. Khandeparkar, the learned senior advocate for Respondent No.1-Trust, Mr. Ghogre, the learned counsel appearing for Respondent No.3 and Mr. Nelson Rajan, Ms. Snehal Jadhav, Ms. Aloka, Nadkarni, the learned AGPs for the Respondent -State in the respective Petitions.

5) Petitioners claim to be the tenants/owners in the properties, which are claimed to be trust property by the first Respondent-Trust. Petitioners claim that the properties cannot be treated as trust properties and this is the real challenge which is raised in the present Petitions. The Joint Charity Commissioner has already protected the rights of tenants while passing the impugned judgment and order dated 31 January 2018. Therefore, mere grant of permission for alienation of the property would not automatically result in eviction of the Petitioners. In the limited remit of enquiry under Section 36 of the MPT Act, the Joint Charity Commissioner is not expected to institute an enquiry into title dispute.

6) In another set of Petitions decided today, this Court has already relegated the Petitioners therein to the remedy of civil suit for the purpose of establishing their title to the property in question. So far as two of the present Petitions are concerned, they are