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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…

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The Joint Charity Commissioner,

Civil Lines, Nagpur

…Respondent

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Shri Sunil Manohar, Senior Advocate assisted by Shri Atharv Manohar, Advocate for

petitioners

Shri K.L.Dharmadhikari, AGP for Respondent.

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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

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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 difficult

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 letting 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