IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1164/2021

1] Shri Vilas Anand Kale, Trustee, Aged about 69 years, Occ. Business, R/o. “Laxmi Smruti”, Ravishankar Shukla Marg, Civil Lines, Nagpur.

2] Shri Milind Gangadhar Chitnavis, Managing Trustee, Aged about 58 years, Occ. Business, R/o. 402, C-Wing, Eden-3 Central Avenue, Hiranandani Garden, Powai, Mumbai

3] Mrs. Archana Rajaram Dhanwatay, Trustee, Aged about 72 years, Occ. Business, R/o. 245-G, Ravishankar Shukla Marg, Civil Lines, Nagpur.

4] Mrs. Sheila Narayan Ghatate, Trustee, Aged about 78 years, Occ. Business, R/o. 901, Asha Deep, 9, Hailey Road, New Delhi.

5] Mrs. Suniti Vilas Kale, Trustee, Aged about 63 years, Occ. Business, R/o. “Laxmi Smruti”, Ravishankar Shukla Marg, Civil Lines, Nagpur.

6] Shri Anjan Yogesh Puri, Trustee, Aged about 44 years, Occ. Business, R/o. Dr. Dalal Compound, Katol Road, Nagpur.

7] Shri Rahul Vilas Kale, Trustee, Aged about 42 years, Occ. Business, R/o. “Laxmi Smruti”, Ravishankar Shukla Marg, Civil Lines, Nagpur.

All Trustees of Smt. Sumati D.Pradhan’s Public Trust for Educational, Medical and Social Welfare Relief, Nagpur. ..Petitioners ..versus…

The Joint Charity Commissioner, Civil Lines, Nagpur …Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sunil Manohar, Senior Advocate assisted by Shri Atharv Manohar, Advocate for petitioners Shri K.L.Dharmadhikari, AGP for Respondent.

-----------------------------------------------------------------------------------------------------------------------------

CORAM : AVINASH G. GHAROTE, J.

DATE : 09/09/2021 (Oral Judgment)

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.137, admeasuring 27864 sq.ft. which is bounded as under;

East : Road West : House of Pundlik Bhonge North : Agricultural field of Nitin Dongre South : Road", which are all situated at village Wajbodi, Tq. Katol, Dist. Nagpur, which are agricultural and house properties. By a resolution dated 24.6.2017, the trust resolved to sell the said properties, for the reason that it was very difÏcult to maintain and protect the same and the trust did not have any budget to engage manpower or to deploy security on a permanent basis. There was also an apprehension of encroachment. The earlier attempts to cultivate the land by letÝng them to local villagers, had also not fetched substantial income on account of rent or otherwise. It was, therefore, decided that since it was impossible to manage the properties of the trust and since all the trustees were resident of Nagpur and it was not possible for them to time and again visit the properties so as to look after their upkeep and it was resolved to sell off the said properties and invest the sell proceeds out of the same for the objects of the trust.

5] It is also submi

Click Here to Read the rest of this document