1 WP No.3978/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3978 OF 2011 VIMALABAI RAMDAS BAIRAGI VAISHNAV AND ORS VERSUS THE STATE OF MAH AND ORS ... Advocate for Petitioners : Mr.Kulkarni Mukul S. AGP for Respondent 1: Mr.KJ Ghute-Patil Advocate for Respondent 5 : Mr.PR Katneshwarkar ***** CORAM : K.U.CHANDIWAL, J. DATE : 28th NOVEMBER, 2011. PER COURT : 1) Heard finally. 2) In Second Appeal No.991/2005 on 23rd March, 2009, while negating the contention of the appellant, this court observed – that the property in question belongs to the trust. These observations are specifically in respect of the controversy crept in before Assistant Charity Commissioner,Nasik region in change report No. 257/1974. 3) It is informed and not disputed, the revenue authorities have, pursuant to application of the trustees, incorporated the names of four trustees, viz. Lotu Harchand Patil; Chandrakant 2 WP No.3978/2011 Madhav Neve, Ramswarup Manmal Dargad and Rameshchandra Ratanlal Agrawal on 18th May, 2001. Out of the said trustees, referred above, Lotu, Chandrakant and Ramswarup are no more, not in controversy, trustee Rameshchandra is alive. 4) Both the counsel submit, since change report is tendered before Assistant Charity Commissioner and new body of the trust had taken over the charge, consequently, trustee Rameshchandra still continues to be a trustee, even in change report in the new management. 5) Considering above aspect of the matter, and as comprehensive proceedings by way of civil suit is initiated by Ramdas Bairagi and now prosecuted by present petitioner Smt. Vimalabai Bairagi Vaishnav and reading the earlier orders and re-visiting the facts, I find that the revenue authorities, prima facie, did not commit any error in incorporating the names of the trust and its trustees as owner of the property. Since the three trustees, referred above, are no more, and the 4th trustee, viz. Rameshchandra is in the trust, it will be presumed that the revenue entries speak/indicate for the trust and not as to individual trustees as such. Incorporation of name in the revenue record is subject to outcome of civil litigation being RCS 3 WP No.3978/2011 No.381/1975, pending before the learned Civil Judge, Junior Division, at Bhusawal. 6) With these observations, writ petition dismissed. (K.U.CHANDIWAL) JUDGE bdv/