Arun Uttamrao Lande And Others v. The Joint Charity Commissioner Pune And Another

43-WP NO.6818 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6818 OF 2022 ARUN UTTAMRAO LANDE AND OTHERS

VERSUS

THE JOINT CHARITY COMMISSIONER PUNE AND ANOTHER . . .

Advocate for Petitioners : Mr. Milind K. Deshpande AGP for Respondent - State : Mr. P. G. Borade . . .

CORAM : MANGESH S. PATIL, J.

DATED : 04 JULY 2022 PER COURT :

The petitioners are seeking to challenge the order passed by the Joint Charity Commissioner on an application submitted by the respondent no.2 - public trust, seeking permission to sell the trust properties to him, preferred under section 36(1)(a) of the Maharashtra Public Trust Act, 1950. 2.

I have heard the learned advocate for the petitioners. 3.

Section 36 contemplates previous permission of the Charity Commissioner to sell the properties of a public trust. By the order under challenge moved by the respondent no.2 - trust such a permission has been refused. The respondent no.2 trust is not seeking to challenge it. 1/2

43-WP NO.6818 OF 2022.odt 4.

In the circumstances, it is indeed a serious issue as to how the petitioners who are the proposed purchasers could have a locus standi to challenge the order, more so when the respondent no.2 trust has not chosen to challenge it.

5.

The petitioners cannot be said to have any vested right which they can enforce by putting up a challenge to the order passed by the Joint Charity Commissioner refusing permission.

6.

Petition is dismissed.

( MANGESH S. PATIL, J.) Tandale/- 2/2