2026:BHC-AS:2616 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Swapnil CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5810 OF 2016 Utkarsha Samiti Nashik Vibhag. …Petitioner Vs.

The Jt. Charity Commissioner And Anr. …Respondents Mr. Shubham S. a/w. Mr. B. Nittekar for the petitioner.

Ms. Savina R. Crast, Learned AGP for the respondent/State.

CORAM : GAURI GODSE, J.

DATE : 16^th JANUARY 2026

ORDER :

1. This petition is filed on behalf of the Public Charitable Trust to challenge the order passed by the Joint Charity Commissioner on 3^rd November 2009 rejecting the application for permission to sell the property owned by the trust.

2. The Joint Charity Commissioner has observed that the original trustees who had purchased the property in the year 1965 has entrusted trust properties and its management to all the trustees. Accordingly, the beneficiaries would be entitled to their collective wisdom and experience and hence, in the absence of an appropriate consent of all the trustees on record, the Joint Charity Commissioner refused to grant permission for sale. The valuation report and the market value are also one of the considerations for refusing the permission to sell. Even in this petition th