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Joint charity commissioner restricts sale of 24-acre Bhairavnath temple trust property

Joint charity commissioner of Pune SM Bukke has issued an interim order restraining Shri Bhairavnath Devasthan trust to not alienate its property worth crores located at survey No 24 in Mohammadwadi
By Nadeem Inamdar, Pune
PUBLISHED ON FEB 26, 2021 10:49 PM IST

Joint charity commissioner of Pune SM Bukke has issued an interim order restraining Shri Bhairavnath Devasthan trust to not alienate its property worth crores located at survey No 24 in Mohammadwadi.

Four trustees were allegedly trying to dispose of the property without the knowledge of the charity commissioner.

Rajkiran Bandu Salve and Balu Dadu Dolas, interested persons in the affairs of the trust had filed an application before the charity commissioner under section 41E of Maharashtra Public Trust praying to grant an interim temporary injunction prohibiting the respondents from creating third party interests, alienation, and sale of suit property.

The applicants have made Jaysingh Nivrutti Jagdale, Nivrutti Sitaram Jagdale, Dr Sumanchand Shah, Raj Kishorlal Chaddha, Baban Gorakh Ghule, deputy superintendent of land records, Haveli, deputy commissioner (property management division) PMC and Haveli tehsildar as party in the case.

The application stated, “The respondent hand in glove with malafide intention filed an application measuring/surveying the trust’s land which is in survey No 24 and accordingly moved a proposal for plotting/layout before the land records/city survey authority and this overt act was done towards improper alienation of the trust’s property and respondents acted against the interests of the trust. Therefore, there is every danger to the property of the trust. Therefore, respondents are restrained from improper alienation of trust’s property and also restrained from taking active participation in the administration of the trust.”

The order stated, “The respondent number one are hand in glove with respondent number three and four with malafide intention filed an application of measuring/ surveying of the trust land survey no 24 admeasuring 10 H=18 R. It is a devasthan inam class III land. The respondent number two and four moved the proposal of plotting /layout before the land records authority/city survey officer. The respondent number one to four is trying to dispose of the trust property. Therefore, the applicants moved the main application for a temporary injunction under section 41E of MPT act and vide this application Exh two prayed for ad interim a temporary injunction prohibiting the respondents from creating third party interest, alienation, sale of suit property.”

“The respondents one to 10 or whosoever it may be are hereby restrained by the ad-interim injunction from causing damage to the suit property and creating third party interest, alienating, disposing of the suit property survey No 24 admeasuring 10 H =18 R situated at village Mohammadwadi Pune until further order. Respondents six to nine are hereby restrained from executing any transaction or making any order till disposal of the main application. The applicants to comply under order 39 rule three of CPC,” the joint charity commissioner in his order stated.

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