WP-14000-23.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.14000 OF 2023 Shri Sangameshwar Charitable Trust, Latur, Tq. & Dist. Latur, P. T. R. No.:E-393(Latur) Through its President, Umakant Virappa Honrao, Age: 64 years, Occu: Retd., R/o. Muktainagar, Latur, Tq. and Dist. Latur. ….PETITIONER VERSUS 1. The Joint Charity Commissioner, Latur Region, Latur 2. The Branch Manager, Osmanabad Janta Sahakari Bank Ltd., Branch Shivaji Chowk, Latur, Tq. & Dist. Latur ….RESPONDENTS …. Mr. C. K. Shinde, Advocate for petitioner Mr. K. B. Jadhavar, AGP for respondent No.1-State Mr. A. N. Irpatgire, Advocate for Respondent No.2 …. CORAM : S. G. CHAPALGAONKAR, J. DATE : 09.07.2025 JUDGMENT :- 1. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2. Petitioner impugns order dated 19.04.2023 passed by learned Joint Charity Commissioner, Latur in application No.05 of 2023, thereby rejecting application of petitioner filed under Section 36(1)(a)(b) of Maharashtra Public Trust Act, 1950 seeking permission to sell 1 of 5 2025:BHC-AUG:18830 (( 2 )) WP-14000-23 property i.e., land gut No.220 admeasuring 29,900 sq. ft. (27.45 R) situated within limits of Latur Municipal Council. 3. Mr. C. K. Shinde, learned Advocate appearing for petitioner submits that petitioner-Public Trust runs educational institutions including arts, commerce and science college on permanent no grant basis. On 29.12.2015, petitioner purchased land survey No.220, admeasuring 29,900 sq. ft. (27.45 R) with intention to build infrastructure to run schools and colleges by raising loan of about Rs. 4 crores and simple mortgage is executed towards security of loan in favour of bank. However, during 2019 to 2022 due to COVID situation, petitioner-trust suffered losses and could not repay loan installments. Therefore, Trust took decision to sell out land with permission of learned Joint Charity Commissioner to repay loan, so also clear other financial liabilities. Accordingly, petitioner-Trust moved application No.05 of 2023 under Section 36(1)(a)(b) of Maharashtra Public Trust Act, 1950 before learned Joint Charity Commissioner, Region Latur giving requisite details in format. However, learned Joint Charity Commissioner rejected application mainly on the ground that property has been mortgaged to bank and bank is not made party to application. Similarly, in absence of no dues certificate of bank, permission cannot be granted to trust to sell out its property. 2 of 5 (( 3 )) WP-14000-23 4. Mr. Shinde would further submit that vide order dated 21.12.2023, this Court permitted petitioner to add bank as party. Accordingly, bank appeared before this Court and filed affidavit-in-reply and gave consent to grant permission to petitioner-Trust to sell out property mortgaged with bank on condition to give undertaking to this Court that petitioner-trust will deposit sale proceeds in loan account of petitioner-Trust. 5. Mr. Shinde would, therefore, urge that apprehension expressed and reason given in impugned order for rejection of petitioner’s application for permission to sell out property does not exist. Hence, he urges to allow application and grant permission to sell property as prayed. 6. Mr. A. N. Irpatgire, learned Advocate appearing for respondent No.2-bank relying upon affidavit-in-reply filed by Shri Satish Balwantrao Mulje, Branch Manager of Osmanabad Janta sahakari Bank Ltd., supports contention of Mr. Shinde and states that bank would have no objection, if permission to sell out property is granted by putting necessary conditions to secure interest of bank. 7. Perusal of impugned order suggests that petitioner’s application seeking permission to sell out property is rejected mainly on the ground that property intended to be sold is mortgaged against loan raised by bank. Bank has not issued no dues certificate in favour of Petitioner-Trust. 3 of 5 (( 4 )) WP-14000-23 Bank is not made party to application. As such, without consent of bank or without securing interest of mortgaged bank, application cannot be considered. 8. As rightly pointed out by Mr. Shinde, learned Advocate appearing for petitioner bank is added as party in this petition and filed affidavit-in-reply conceding to the prayer of petitioner subject to condition that sale proceeds be deposited in loan account of bank. In light of aforesaid development, basic reasons putforth in impugned order for rejection of application do not subsist. 9. In that view of the matter, this Court deems it proper to set aside impugned order and relegate matter for reconsideration to learned Joint Charity Commissioner, Latur. 10. In result, following order is passed: ::ORDER:: i. Writ petition is partly allowed. ii. Impugned order dated 19.04.2023 passed by learned Joint Charity Commissioner, Latur, region Latur in application No.05 of 2023 is hereby quashed and set aside. 4 of 5 (( 5 )) WP-14000-23 iii. Matter is remitted back to learned Joint Charity Commissioner, Latur for reconsideration in light of contents of affidavit filed by bank. iv. Petitioner is directed to add Janta Sahakari Bank Ltd., Osmanabad as party to application. v. Bank shall file its affidavit before learned Joint Charity Commissioner, Latur putting up its stand as regards to prayer in application. vi. Learned Joint Charity Commissioner shall after considering stand taken by bank in its affidavit and relevant material shall decide application afresh on its own merit within a period of Eight (08) weeks from today. vii. Parties to appear before learned Joint Charity Commissioner, Latur on 28.07.2025. viii. Rule made absolute in above terms. [ S. G. CHAPALGAONKAR, J. ] HRJadhav 5 of 5