Rajendra S/O Mahadeo Gulhane v. Maroti Someshwar Vitthal Mandir Sanshtan, Thr. Trustee, Sudam Gulabrao Parde And ORS.

2024:BHC-NAG:13815 925-wp-7348-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 7348 of 2022 Rajendra S/o Mahadeo Gulhane

Versus

Maroti Someshwar Vitthal Mandir Sanstha through its Trustee and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D.Abhyankar, Advocate for the petitioner. Shri A.R.Bhise, Advocate for the respondent no.1. Shri A.G.Mate, AGP for the respondent/State.

CORAM : N.R.BORKAR, J.

DATED : 22nd NOVEMBER, 2024.

The respondent no.1-Trust is the owner of the land bearing survey no. 14/2, admeasuring 3.17 H.R. at Village Mouza Banosa, Tahsil Daryapur, District Amravati.

2.

The respondent no.1-Trust by resolution passed in the year 2011 decided to sell the said land for construction of the temple. Pursuant to said resolution bids were invited. As the petitioner was highest bidder, his bid was accepted. The application was thereafter filed under Section 36(i)(a) of the Maharashtra Public SKNair

925-wp-7348-22.odt Trust Act, 1950 before the Joint Charity Commissioner and permission was sought to sell the said land in question to the petitioner.

3.

At the instance of respondent no.2 herein the learned Joint Charity Commissioner has called the fresh bids.

4.

The respondent no.1-Trust has not challenged the impugned action of calling fresh bids. The present petition at the instance of highest bidder cannot be entertained. Even otherwise, the petitioner is not precluded from submitting the fresh bids. Therefore, impugned action requires no interference. 5.

The writ petition is dismissed.

[N.R.BORKAR, J.] SKNair