Bombay High Court
Shri. Vijaysinghraje Madhavrao ... vs Vidhyarthi Sahayyak Mandal Rajwada ... on 29 July, 2019
Author: A.S. Gadkari
Bench: A. S. Gadkari
ssm 1 5-wp2793.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2793 OF 2018
Mr. Vijaysinghraje Madhavrao Patvardhan .....Petitioner.
Vs.
Vidhyarthi Sahayyak Mandal & Ors. .....Respondents.
WITH
WRIT PETITION NO.2700 OF 2018
WITH
WRIT PETITION (STAMP) NO.10781 OF 2018
WITH
CIVIL APPLICATION NO. 1258 OF 2019
IN
WRIT PETITION (STAMP) NO.10781 OF 2018
Mr. M.P. Vashi, Senior Advocate i/by Umesh Mankapure for the
Petitioners in Writ Petition No. 2793 of 2018 and 2700 of 2018.
Mr. S.G. Deshmukh i/by N.N. Bhosale for the Petitioner in WPST
10781 of 2018.
Mr. P.K. Dhakephalkar, Senior Advocate i/by A.P. Mhatre for the
Respondent No.1.
Mr. P.P. Pujari AGP, for the Respondent No.2-State.
Mr. S.P. Kadam i/by Nitin Deshpande for Respondent No.3.
CORAM : A. S. GADKARI, J.
DATE : 29th JULY, 2019.
P.C.:-
In Writ Petition No. 2793 of 2018, the Order dated 31 st January, 2018, passed by the learned Joint Charity Commissioner, 1/4 ::: Uploaded on - 31/07/2019 ::: Downloaded on - 31/07/2019 20:38:53 ::: ssm 2 5-wp2793.18.doc Kolhapur Region, Kolhapur under Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 (for short, "The MPT Act") granting permission to the Respondent -Vidhyarthi Sahayyak Mandal, Sangli, ("the Trust") to alienate and/or to sale the immovable property, more specifically mentioned in the said Order, to the proposed purchaser namely M/s. Grand Centrum Reality L.L.P., Miraj, for a consideration of Rs.6 crores is impugned.
2 It is the contention of the Petitioner that, the said property fetches much more market value, than what has been offered by the bidder M/s. Grand Centrum Reality L.L.P., Miraj. The learned Senior Counsel for the Petitioner submitted that, Rs.6 crores is not a fair market value which the Trust is receiving for a property situated in the heart of Sangli city. He submitted that, in the interest of Trust, a fresh bid is necessary to be called for from the purchasers after stating base price/reserve price of the said property. During the course of arguments, on instructions, the learned Senior Counsel further submitted that, even much more price than what has been offered by the said purchaser i.e. M/s. Grand Centrum Reality L.L.P. Miraj, will be fetched for the said property.
3 In view of the arguments so advanced by the learned 2/4 ::: Uploaded on - 31/07/2019 ::: Downloaded on - 31/07/2019 20:38:53 ::: ssm 3 5-wp2793.18.doc
Senior Counsel for the Petitioner, this Court suggested the said Petitioner that, with a view to prove his bonafide, the Petitioner to deposit the said amount of Rs.6 crores in the Registry of this Court for setting aside Order dated 31st January, 2018 passed by the learned Joint Charity Commissioner, Kolhapur Region, Kolhapur, and for considering to call for fresh bids in the matter. It is further made clear that, the contention of the said Petitioner pertaining to receiving better market value for the suit property may be considered by this Court by calling for fresh bids after the said Petitioner deposits the amount of Rs.6 crores in the Registry of this Court within stipulated period.
It is made clear that, if the Petitioner deposits the said amount within the stipulated period, this Court will consider to set aside the impugned order, publish a fresh advertisement in local newspapers and/or in leading newspapers in the State of Maharashtra, calling for fresh bids, after getting valuation report of the suit land from the panel of registered Valuers of this Court or from any other reputed valuer from the city of Sangli. 5 In view thereof, the learned counsel, on instructions submitted that, the Petitioner will deposit the said amount of Rs.6 3/4 ::: Uploaded on - 31/07/2019 ::: Downloaded on - 31/07/2019 20:38:53 ::: ssm 4 5-wp2793.18.doc crores in the Registry of this Court within a period of eight weeks from today.
It is made clear that, the period to deposit the said amount will not be further extended on any count and if the Petitioner fails to show its bonafide by not depositing the said amount, this Court may consider to dismiss his Petition on that count alone. 6 Stand over to 11th October, 2019. To be placed under the caption "for directions".
Ad-interim relief, if any, to continue till then. To be tagged along with Writ Petition 7978 of 2019, and other Writ Petitions.
(A.S. GADKARI, J.) 4/4 ::: Uploaded on - 31/07/2019 ::: Downloaded on - 31/07/2019 20:38:53 :::