Shri Maroti Mandir Sansthan Shahapur Through Its President Machhindra Siddheshwar Jangle v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 37 WRIT PETITION NO.6930 OF 2015 SHRI MAROTI MANDIR SANSTHAN SHAHAPUR THROUGH ITS PRESIDENT MACHHINDRA SIDDHESHWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Kulkarni Shripad S Mr. SG Karlekar, AGP for Respondents1 To 4;

Mr.AG Deo,Advocate for Resp.No.5 __________ CORAM :

R.M.BORDE & P.R.BORA,JJ.

DATE : 23 rd JULY, 2015.

PER COURT :

1) Heard. An affidavit in reply has been presented by Tahsildar, Phulambri (Respondent No.4 herein), wherein it is stated that the entries in respect of the lands claimed by the petitioner/trust have been correctly recorded in Schedule-I of the trust. It is further stated that after initiating appropriate inquiry,

proceedings for deletion of the properties, in question from Schedule-I of the Trust and subject to result of such inquiry, appropriate steps would be taken.

.

The Tahsildar has also assured that necessary inquiry would be conducted after issuing due notices to the concerned trustees and after taking into consideration their contentions and until completion of the inquiry, process of auction of the property would not be proceeded with.

2) In view of the averments set out in the affidavit in reply presented on behalf of Respondent No.4, the grievances raised by the petitioner in the instant petition stand redressed. The writ petition stands disposed of. 3) It is expected of Respondent No.4 to initiate and complete the proceedings within the framework of law and shall act within jurisdiction and shall not encroach upon the

jurisdiction of the trust authorities, functioning under the provisions of Bombay Public Trusts Act.

(P.R.BORA) (R.M.BORDE) JUDGE JUDGE bdv/