1 wp5796.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5796 OF 2010 Shree Sant DamajiPant Juni Samadhi Jirnodhar Charity Trust Mangalwedha through its trustee Shri Harihar Pandurang Patwardhan ...Petitioner vs. 1 Joint Charity Commissioner Latur Region Latur ...Respondent Mr.A.A.Joshi for the petitioner Mr.R.M.Patne, AGP for the respondent. CORAM :A.S.OKA,J. DATE : SEPTEMBER 8, 2010 P.C.: 1 Rule. Learned A.G.P waives service for the respondent. By the impugned order, an application made by the petitioner under section 36(1) (a) of the Bombay Public Trusts Act,1950 (hereinafter referred to as the said Act) has been rejected. The application stands rejected on the ground that the petitioner is not the owner of Mounibuva temple situated on the land bearing Gat no.2060 at Mangalvedha and the case of the petitioner was that the trust properties are required to be sold as the premises of Shree Sant Damajipant Juni Samadhi Jirnodhar Charity Trust and the said Mounibuva temple require immediate repairs. 2 The learned counsel for the petitioner pointed out that the learned Joint Charity Commissioner has completely misread the application made by the petitioner. He pointed out that the application was made 2 wp5796.sxw for seeking permission to sell the lands bearing Gat nos. 478/3B and 505/2 situated at village Talsingi Taluka Mangalvedha District Solapur on the ground that the said lands are not fetching any income. He submitted that by the impugned order, the application has been rejected on totally extraneous grounds. I have also heard the learned A.G.P for the respondent. 3 The name of the petitioner-trust is Shree Sant Damajipant Juni Samadhi Jirnodhar Charitable Trust, Mangalvedha. In the application it is stated that the trustees were proposing to sell the lands bearing Gat no.478 3B and 505/2 at village Talsingi. It is stated that the said lands are not fetching any income and therefore, the lands need to be sold and sale proceeds are required to be applied for fullfilment of the objects of the trust and for meeting the expenditure on the temple. Obviously, the reference in the said application to the temple is to the Samadhi of Sant Damajipant. 4 In paragraph 4 of the impugned order, the learned Joint Charity Commissioner has observed thus : 4 Later on to ascertain whether the premises of Shri Saint Damajipant Juni Samadhi Jirnodhar Charity rust and Mounibuva temple requires repairs or not, I have paid personal visit to these properties. That time it was found that only Mounibuva temple situated in City Survey No.2060 was in dilapidated condition. However, that time one Shri Pandharinath Gopal Thite orally informed us that in respect of Mounibuva temple civil litigation has been decided and the trust is not owner of City Survey No.2060. Therefore, the applicant was directed to file 3 wp5796.sxw certified copies of decree passed in relevant Civil suit. Accordingly, the applicant has filed certified copy of judgment passed in R.C.S.No.11/84 as well as certified copy of judgment passed in Civil Appeal no.76/92. After through these judgments it reveals that applicant trust is neither owner nor possessor of Mounibuva Temple situated in C.T.S. no. 2060 at Mangalwedha. Therefore, when applicant trust is not owner of City Survey No.2060 i.e. Mounibuva temple for the repairs of that property, property of the trust need not be alienated. No other substance has been placed on record by the applicant to show that the premises of Shri Sant Damajipant Juni Samadhi Jirnodhar Charity Trust requires immediate repairs... 5 The petitioner-trust is not at all concerned with Mounibuva temple and in fact the application made by the petitioner does not refer to the said temple. The application does not say that funds are required for reconstruction/repairs of the said temple. The ground on which the sale permission is sought is that the properties are not fetching any income and sale proceeds can be utilised for meeting the expenses of the temple and towards fulfilling the objects of the trust. The trust deed shows that there are various objects including giving scholarship to the students, spending amounts for medical relief etc. 5 Thus, it appears to me that while deciding the application, the ground pleaded in the application made by the petitioner has not been considered. In fact, the 4 wp5796.sxw petitioner is not concerned with the Mounibuva temple. Hence, the application made by the petitioner needs reconsideration by the learned Joint Charity Commissioner. 6 Hence, I pass the following order : i) Impugned order is quashed and set aside and the application no.3 of 2009 is restored to the file of the Joint Charity Commissioner. ii)The learned Joint Charity Commissioner will decide the application afresh in the light of the observations made in this Judgment. iii)There will be no order as to costs. iv)Rule is made partly absolute. JUDGE