Bombay High Court
Nizdham Ashram Mudana Through ... vs Laxmikant Panditrao Jadhav And ... on 17 October, 2022
Bench: Avinash G. Gharote
102. WP 1162 of 2020.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1162/2020
Nizdham Ashram Mudana, Tq. Mahagaon, Dist. Yavatmal Through its Trustee
and another
...Versus...
Laxmikant Panditrao Jadhav and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri S.D. Abhyankar, Advocate for petitioners
Shri R.S. Kurekar, Advocate for respondent no.1
Shri N.R. Patil, A.G.P. for respondent no.2
Shri P.V. Dandwate, Advocate for respondent no.3
CORAM : AVINASH G. GHAROTE, J.
DATE : 17/10/2022
1. The petition questions the judgment dated
05/11/2019 passed by the Joint Charity Commissioner
Amravati, whereby the permission to exchange 0.43 R land of
Survey No.11 owned by the petitioner, with 0.43 R land of
Survey no.1 owned by the adjacent owner to the east side, has
been rejected.
2. Shri Abhyankar, learned counsel for the
petitioners submits that since the land of Survey no.11 was
bifurcated into two parts by the National Highway No.361, it
has become difficult for the petitioners to ensure the passage
of the students, from one piece of land to the other, as a result
of which, the aforesaid situation of exchange has been brought
102. WP 1162 of 2020.odt
about. He submits that the impugned judgment does not
consider the practical difficulty and the fact that the
respondent is not being put to any loss on account of the said
exchange.
3. Shri Patil, learned Assistant Government Pleader
for the respondent no.2 supports the impugned order.
4. I have perused the plan at Annexure-C (pg.25),
which indicates the bifurcation of the land of Survey no.11
into two parts and the comparative location of land of Survey
no.1, which is adjacent to the land of Survey no.11. Since the
land of Survey no.11 stands bifurcated into two parts, there is
no reason why as a matter of convenience to the students, the
petitioners cannot be permitted to exchange equal amount of
land for Survey no.1, which is immediately adjacent to the
school building of the petitioner - Trust so that it can be put to
better use of the students. The impugned judgment is
therefore quashed and set aside and the application under
Section 36 (1) (a) of the Maharashtra Public Trusts Act is
hereby allowed. The writ petition is accordingly allowed. No
order as to costs.
Digitally signed bySHAILENDRA
(AVINASH G. GHAROTE, J.)
SUKHADEORAO WADKAR
Signing Date:18.10.2022 15:56
Wadkar
