Bombay High Court
Ramesh Ramrao Bhagat vs The Assistant Charity Commissioner-1, ... on 16 January, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:458-DB
1 wp5527.2024..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 5527 OF 2024
Ramesh Ramrao Bhagat,
Managing Trustee of Shri Wakaji Sansthan,
Umra,
Aged about 72 yrs, Occ. Agriculturist,
R/o Umra, Tq. Akot, Dist Akola ...... PETITIONER
...V E R S U S...
1. The Assistant Charity Commissioner - 1,
Akola Division, Akola
2. Shri Gajanan Narayan Kadu,
Age adult, Occ. Agriculturist,
3. Shri Sopan Manohar Khawale,
Age Adult, Occ. Agriculturist,
4. Shri Suresh Ramrao Bhagat,
Age adult, Occ. Agriculturist,
5. Shri Purushottam Vishwanath Joshi,
Age Adult, Occ. Agriculturist,
Respondent Nos. 2 to 5/R/o Umra,
Tq. Akot, Dist. Akol .....RESPONDENTS
---------------------------------------------------------------------------------------------
Mr. Y.N. Sambre, Advocate for Petitioner.
Mr. A.V. Palshikar, APP for respondent No.1/State.
Mr. A.J. Gilda, Advocate for respondent No. 4.
---------------------------------------------------------------------------------------------
CORAM:- AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.
DATE : 16.01.2025
2 wp5527.2024..odt
JUDGMENT (Per : Abhay J. Mantri, J.)
Heard finally with the consent of the learned Advocate
for the parties.
2. The petitioner, being aggrieved by the order dated
14.06.2024, passed by respondent No. 1 - Assistance Charity
Commissioner, Akola in Enquiry No. 11/2024, thereby partly
allowing the application filed by respondent Nos. 2 to 5 and
directed the petitioner to conduct an auction of land Survey No. 336
in the presence of Superintendent of office of the Charity
Commissioner, excluding the area covered by Mango, Lemon and
Orange trees.
3. Succinctly, the facts are that the petitioner is a sole
trustee of Shri Wakaji Sansthan Umra, Dist. Akola. The trust is
registered under The Maharashtra Public Trusts Act 1950 (for short-
'The Act"). The trust owns two fields bearing Survey Nos. 336 and
21 at Mauza Umara and Aurangabad, respectively. In field Survey
Nos. 336, 694 Orange trees, 45 Mango trees, 4 Custard Apple trees,
3 Ramfal trees and Lemon trees are standing in some parts.
3 wp5527.2024..odt
4. On 20.03.2024, Respondent Nos. 2 to 5 filed an
application before respondent No. 1 under Section 41A of the Act,
claiming that the field owned by the trust shall be put into an
auction so that the trust can be properly accounted for and
benefited from the same. After considering the parties' contentions
and records, respondent No. 1 has partly allowed the application
and directed the auction of land Survey No. 336, excluding the land
covered by Mango, Lemon, and Orange trees. Being aggrieved by
the same preferred this petition.
5. Mr. Y. N. Sambre, the learned Counsel for the petitioner,
vehemently contended that the trust has never given its field to
anyone through auction, but the trust is cultivating the field on its
own. Also, canvassed that the Orange, Lemon, and Mango trees are
standing in the field; therefore, it would not be in the interest of the
trust to auction the field. Hence, he submitted that the issuance of
direction is improper and is liable to be set aside. He further
propounded that respondent No. 1 failed to appreciate that
auctioning the property of the trust would amount to inducting a
tenant on trust property, which is detrimental to the interest of the
trust. Therefore, passing the impugned order is unjust and causes
4 wp5527.2024..odt
prejudice to the petitioner's rights. He further argued that the
petitioner has no concern with the property of the trust and,
therefore, filing the petition is nothing but harassment of the
petitioner.
6. Per contra, the learned AGP for respondent No.1 and
Mr. Gilda, the learned Counsel for respondent Nos. 2 to 5,
strenuously argued that as per Section 41A of the Act, respondent
No.1 is empowered to direct the trustee of a public trust to ensure
that the trust is properly administered, and the trustee properly
accounts for the income. Therefore, issuing direction by respondent
No. 1 is just and proper, requiring no interference at the hands of
this Court. Thus, respondent Nos. 2 to 5 supports the impugned
order.
7. We have appreciated the rival contentions of the parties
and perused the impugned order and record.
8. It is not in dispute that the petitioner is the sole trustee
of the trust. The trust owns Survey No. 336, admeasuring 5.57 HR.
The petitioner planted Mango, Lemon, and Orange trees on 1.25 HR
5 wp5527.2024..odt
land, and the crop stands on the remaining land. Our attention is
also invited to the Order dated 05.09.2024, passed by the Assistant
Charity Commissioner, Akola, and observations regarding the
income of the trust as recorded in the impugned order from the
audit report depict that the trust has an annual income of Rs. 1.93
Lakhs in 2021-22.
9. To protect the interest and for the welfare of the trust,
respondents Nos. 2 to 5 have filed an application for the issuance of
the direction to the petitioner to auction field S. No. 336.
10. The short question arises as to whether respondent No.1
is empowered to give direction under Section 41A of the Act. To
ascertain the same, it would be proper to reproduce Section 41A of
the Act, which reads thus:
41A. Power of Commissioner to issue directions [for
proper administration of the trust.--
(1) Subject to the provisions of this Act, the
Charity Commissioner may, from time to time, issue
directions to any trustee of a public trust or any person
connected therewith to ensure that the trust is properly
administered, and the income thereof is properly accounted
for or duly appropriated and applied to the objects and for
the purposes of the trust; and the Charity Commissioner
may also give directions to the trustees or such person
that if he finds any property of the trust is in danger of
being wasted, damaged, alienated or wrongfully sold,
6 wp5527.2024..odt
removed or disposed of.
[Provided that, if any application is made by the trustee
of any trust for seeking directions under sub-section (1),
the Charity Commissioner shall decide such application
within three months from the date of its receipt and if it
is not practicable so to do, the Charity Commissioner
shall record the reasons for the same.]
(2) It shall be the duty of every trustee or of such
person to comply with the directions issued under sub-
section (1).
11. A bare perusal of the provisions of Section 41A reveals
that it empowers respondent No. 1 to issue direction to the trustee
of the public trust to ensure that the trust is administered properly
and the income of the same is properly accounted for. It further
appears from the observations regarding the trust's income as taken
from the audit report that the trust had an annual income of Rs.
1.93 lakhs. Therefore, in our opinion, the issuance of direction by
respondent No. 1 for conducting the auction of the land, except the
land covered by the trees standing on the land, was passed to
protect the interest and the welfare of the trust, is just and proper as
respondent No.1 has empowered to do the same. Hence, we have
answered the question in the affirmative.
12. In addition, respondents Nos. 2 to 5 contended that as
residents of village Umra, they used to participate in the temple's
7 wp5527.2024..odt
day-to-day activities and habit of attending the performance of
worship, they have concerns about the said trust, so they are
interested in its administration as per section 2 (10) (a) & (d).
Hence, they filed the application. Even assuming for the sake of
argument, respondents Nos. 2 to 5 have no concern or authority to
file an application. However, respondent No. 1 can suo-moto pass an
order under Section 41A of the Act to protect the trust's interest.
13. Thus, having considered the facts of the case, in our
view, passing of the impugned order is just and proper for the
welfare and benefit of the trust, and the same would not cause
prejudice to the rights of the petitioner being the trustee but would
help to better administration of the trust. In fact, the income
accrued thereof can be properly accounted for.
14. Furthermore, it appears that the agricultural season
starts from April to March every year, and now December 2024 is
ongoing. Therefore, it would not be proper to continue with the
direction of an auction for the year 2024-25, but it would be
appropriate to direct the petitioner to put the land in the auction
from 01.04.2025 to 31.03.2026 and onward.
8 wp5527.2024..odt
15. In the wake of the above, we do not find any merit in the
petition to interfere in writ jurisdiction. Hence, the petition stands
dismissed with no orders as to costs.
16. It is clarified that the petitioner is to put the land to
auction from 01.04.2025 to 31.03.2026 and onwards.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
Belkhede
Signed by: Mr. R. S. Belkhede
Designation: PA To Honourable Judge
Date: 16/01/2025 18:27:37
