1 wp3995.19 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3995/2019 Keshavraj Maharaj Sansthan & Ors. ..VS.. Joint Charity Commissioner Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders Shri S.P. Bhandarkar, Advocate for the petitioner(s) Ms. T. H. Khan, AGP for the respondent/State CORAM : Z.A.HAQ, J. DATED : 18/07/2019 Heard. The conclusions of the learned Joint Charity Commissioner recorded in para nos. 16 and 17 of the impugned order are based on proper appreciation of the material on record and cannot be faulted with. The only grievance which is required to be examined is about refund of the amount paid by the petitioner no. 5 to the public trust/trustees. Unfortunately, this aspect was not agitated by the parties before the learned Joint Charity Commissioner when the impugned order came to be passed. Hence, without interfering with the impugned order, the petitioner no. 5 is permitted to file fresh application before the learned Joint Charity Commissioner praying for directions to the public trust/trustees to refund the amount paid by it for execution of the saledeed. It is further clarified that after framing of the scheme as per the directions given by 2 wp3995.19 the learned Joint Charity Commissioner, the incoming trustees will be at liberty to take appropriate decision regarding sale of the agricultural land, and if they decide to sell the land, of course they will have to seek permission of the Joint Charity Commissioner under Section 36 of the Maharashtra Public Trusts Act, 1950. With the above clarifications, the petition is disposed. In the circumstances, the parties to bear their own costs. JUDGE Ansari

KESHAVRAJ MAHARAJ SANSTHAN KARANJA, THROUGH ITS TRUSTEE, SHRI PRASHANT VISHNU AMTE AND OTHERS v. JOINT CHARITY COMMISSIONER, AMRAVATI

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