SAI BUILDER AND DEVELOPER Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

(2.) A Trust and a highest bidder in a project for renovation of a temple managed by the Trust, are before this Court challenging order dtd. 6/3/2020 passed by the Joint Charity Commissioner, Nagpur, whereby an application filed by the Trust under Sec. 36(1)(a) of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as 'the said Act') was dismissed.

(3.) The petitioner in Writ Petition No.2516/2020 is the Trust called 'Vitthal Rukhmai Deosthan Trust', Pipri (Meghe), Tah. and District Wardha, which manages a temple about 56 years old. Since, the temple is in dilapidated condition, the said Trust decided to renovate the same. On 11/7/2014, the Executive Committee of the Trust held a meeting and passed a resolution for undertaking renovation of the temple and for obtaining estimate for the renovation/reconstruction plan. Thereupon, on 4/8/2014, the Executive Committee of the Trust unanimously resolved to sell property of the Trust located in Gat No.289/01, admeasuring 3.706 acres at Mouza Pipri (Meghe), Tah. and Dist. Wardha, in order to raise funds for undertaking the project of renovation of the temple. Pursuant thereto, on 18/9/2014, tenders were published in two newspapers i.e. "Jana Madhyam" and "Shramik Sangharsh", circulated in Wardha.