25-WP-4601-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4601 OF 2026 Shreepati August Estate Private Limited & Anr ..Petitioners Versus State of Maharashtra Through Principal Secretary, Housing Department & Ors …Respondents Mr. Virag Tulzapurkar, Senior Advocate, with Nitesh Ranavat, Disha Shetty and Bhairavi Shah, i/b Wadia Ghandy & Co, for the Petitioner. Ms. Fatima Lakdawala, AGP, for the Respondent-State. Ms. Sneha Prabhu, for Respondent No.2. Dr Birendra Saraf, Senior Advocate, with Vaibhav Charawala, Prachi Garg and Shikha Shah, i/b DSK Legal, for Respondent Nos. 4 to 7. Mr. Aditya S Lele, with Gita B, for Respondent No.8. CORAM: N. J. JAMADAR, J. DATE : 6th OCTOBER 2026 P.C.: 1. Heard the learned Counsel for the parties. 2. The challenge in this Petition is to an order dated 9th March 2026 passed by the learned Charity Commissioner granting sanction to the alienation of the trust property to Respondent No.4-trust. 3. Mr. Tulzapurkar, the learned Senior Advocate, for the Petitioners submits that the Petitioner’s case falls within the proviso to Sub-Section ARS 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.10.07 11:02:44 +0530 25-WP-4601-2026.DOC (2) of Section 36 of the Maharashtra Public Trusts Act, 1950 (“the Act, 1950”) as a fraud was practiced on the Charity Commissioner. 4. In view of the aforesaid nature of the challenge, the Petitioners ought to have first invoked the remedy of seeking revocation of the permission granted by the Charity Commissioner under the proviso to Sub-Section (2) of Section 36 of the Act, 1950. 5. Thus, the Petition stands disposed with liberty to the Petitioners to invoke the remedy under the proviso of Sub-Section (2) of Section 36 of the Act, 1950. 6. If such Application is filed within a period of one week, the Charity Commissioner is requested to hear and dispose of such Application as expeditiously as possible and, preferably, within a period of 10 weeks, thereafter. 7. However, all contentions of all the parties, including the aspect of locus of the Petitioner, are kept open for consideration by the Charity Commissioner. [N. J. JAMADAR, J.] ARS 2/2