1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 874 OF 1991 Mr. P.R.Katneshwarkar, Advocate for petitioner. Mr. D.R.Kale, A.G.P. for State. Mr. M.S.Kulkarni, Advocate for respondent no. 4. Mr. P.V.Mandlik, Sr. Counsel for L.Rs. of respondent no. 5. [ CORAM : V.R.KINGAONKAR, J. ] DATE : 17/02/2010 PER COURT : 1. By consent, this petition is being disposed of in the following manner. 2. It is undisputed that deceased Nagorao S/o Pandurang Lovekar was the Archak of the deity, namely Vithaleshwar temple and used to render services to the Deosthan. He was ‘ Saheb-E-Muntakhab ’. Said Nagorao had three ( 3 ) sons, namely, Amritrao, Chidamberrao and Madhavrao. The dispute is between the three ( 3 ) branches of said three ( 3 ) sons. 3. The three ( 3 ) branches of above three ( 3 ) sons of Nagorao S/o Pandurang Lovekar are parties to the present petition. It is agreed 2 between them that the lands in question, regarding which Virasat is granted to the extent of 1/3 rd each, shall be enjoyed by each branch as per roster and such branch members, who are in the enjoyment of the agricultural lands in question, will be entitled to receive the profits of the agricultural produce for the relevant agricultural year and will render services to the Deosthan by utilising income of the agricultural lands for the religious purposes. 4. By agreement, the agricultural lands in question shall be released by the petitioners in favour of the branch of deceased Madhavrao i.e. legal representatives of deceased respondent no. 4 on 1/4/2010, thereafter these lands shall be released in favour of the branch of deceased Chidamberrao i.e. respondent no. 5 for the next year i.e. commencing from 1/4/2011 and lastly by 3 rd rotation the lands shall be released in favour of the petitioners w.e.f. 1/4/2012 and likewise rotation shall be continued henceforth. The rotation shall be continued irrespective of disputes interse between the members of each branch, which they shall settle amongst themselves and in case of such dispute between the members of each branch, the eldest male member will have preference to take over possession and will be liable to account for the profits to other members and if no such male member is available, then any eldest member of the family, male or female, as the case may be. 3 5. In case of non rendering of the services to the Deosthan by the members of the concerned branch, the other members of the branches will be at liberty to move the competent revenue authority for discontinuation of the cultivation/custody of the lands by such a defaulting branch for any further period during the relevant year. 6. The petitioners will file application for withdrawal of the proceedings before the competent authority under the Bombay Public Trust Act, 1950 and thereafter the amounts deposited regarding the acquired lands shall be equally disbursed between the members of the above referred three ( 3 ) branches of Amritrao, Chidamberrao and Madhavrao. The disbursement shall be made by the Special Land Acquisition Officer after withdrawal of the proceedings before the Charity Commissioner and the amount so deposited shall be thereafter released in favour of such legal representatives of each of the branch. 7. The contention of the contesting respondents is that the petitioners have enjoyed the profits of the agricultural lands for many years. In this context, they will be at liberty to take appropriate legal proceedings as may be permissible under the law for the recovery of the past mesne profit/compensation/damages or like amount. 8. The petition is accordingly disposed of by setting aside the impugned order and the parties are directed to bear their own costs. 4 9. If the lands are not in possession of the petitioners and are given on Ek Sala Lavani basis by the revenue authorities, then the same shall be released in favour of the branch of the deceased respondent no. 4 in accordance with the above roster by the concerned Tahsildar. The amount of Ek Sala Lavani, if any, shall be equally disbursed amongst the three ( 3 ) branches. The parties may act upon a copy of this order duly authenticated by the Court Shirastedar. [ V.R.KINGAONKAR ] JUDGE knp/WP 874.1991