Bombay High Court
Jyoti Shikshan Prasarak Mandal, Akola, ... vs State Of Maharashtra, Thr. Its ... on 28 October, 2021
Author: Anil L. Pansare
Bench: S.B. Shukre, Anil Laxman Pansare
1/2 26-WP 4383.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4383 OF 2021
(Jyoti Shikshan Prasarak Mandal vs. State of Maharashtra and another)
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders. or
directions and Registrar's orders.
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Mr. A. R. Deshpande, Advocate for petitioner.
Mr. N. R. Patil, AGP for respondent No.1.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATE : 28/10/2021
Heard.
2. The contention of the learned counsel for the petitioner is that the respondent No.2 has committed an illegality in attaching the property of the petitioner, which is a public charitable trust having main object of imparting education and so it could not have been attached for the alleged failure to pay municipal tax, as the charitable trust run by the petitioner is not liable to pay the general tax, in view of the law laid down by the Apex Court in the case of Municipal Corporation of Delhi vs. Children Book Trust (1992) 3 SCC 390, followed by Division Bench order of this Court in Writ Petition No.927 of 2018, decided on 16/08/2019, taking the view that KOLHE ::: Uploaded on - 28/10/2021 ::: Downloaded on - 29/10/2021 07:56:52 ::: 2/2 26-WP 4383.2021 imparting education by a charitable trust is a charitable purpose.
3. Issue notice to the respondents for final disposal at admission stage, returnable in four weeks. Meanwhile, having considered the submissions made and also the law reiterated in Writ Petition No.927 of 2018, there shall be interim stay in terms of prayer clause (B), until further orders.
JUDGE JUDGE
KOLHE
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