AVINASH KISHORCHAND JAISWAL Vs. RAMMANDI DEOSTHAN, PAVNAR

JUDGEMENT

(1.) In the proceedings of Application No.02 of 2009, the learned Joint Charity Commissioner, Nagpur, accorded his sanction on 25-10-2011 under Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 ("the said Act") for sale of the land Survey No.302, admeasuring 15.19 acres ("the property in question"), belonging to Shri Ram Mandir Deosthan, Pavnar, Wardha, in favour of the petitioner No.1- Avinash Kishorchand Jaiswal, who was the highest bidder, for total consideration of Rs.11,05,000/-. This was subject to the decision in Special Civil Suit No.24 of 2009, said to have been filed by M/s. Ramdeobaba Developers and Builders, Arvi, for specific performance of the property in question.

(2.) The respondent No.2- Sudhakar Gajanan Deshpande, since dead, and the respondent No.3- Sanjay Ratiramji Satdeve, claiming to be the trustees, filed an application under Section 36(2) of the said Act for revocation of sanction, in the month of September, 2014. During the pendency of this application, the registered sale-deed was executed by the respondent No.1- Trust on 12-1-2015 in favour of the petitioners. On 20-2-2015, Application No.1 of 2014 was filed for dismissal of the application under Section 36(2) of the said Act on the ground that the Joint Charity Commissioner has no jurisdiction to pass an order of revocation of sanction after execution of the registered sale-deed. The learned Charity Commissioner rejected the said application on 16-5-2015 holding that the sale-deed was executed pending the application for revocation and hence it was hit by the doctrine of lis pendens. The purchasers are, therefore, before this Court in this writ petition.

(3.) In support of the contention that the Joint Charity Commissioner ceases to have any jurisdiction to exercise the power of revocation of sanction under Section 36(2) of the said Act after execution of the sale-deed, strong reliance is placed upon the decision of the Division Bench of this Court in the case of Shri Mahadeo Deosthan, Wadali and others v. Joint Charity Commissioner, Nagpur and others , reported in 1989 Mh.L.J. 269. The learned Single Judge, after hearing the parties, raised a doubt about the correctness of the view taken by the Division Bench in the said decision and has, therefore, referred the following question for the decision of the larger Bench :