Bombay High Court Upholds Public Trust Registration and Scheme in Maharashtra Public Trust Act Dispute Concerning Temple Property. Validity of Trust Registration and Public Character of Temple Upheld Based on Compliance with Maharashtra Public Trust Act, 1950 and Long Public User as Matter of Right Under Sections 18, 79, and 80.

Writ petitions under Article 226/227 challenging common judgment and order of rejection dated 24 November 2022 passed by District Judge-3, Ahmednagar in Trust Civil Application Nos.1, 2, and 3 of 2009, arising from disputes over validity of public trust registration and scheme for Shri Jagdamba Tuljapurchi Devi temple.

Petitioners sought to quash the common judgment and order of rejection of their Trust Applications; Writ Petition No.558 of 2023 sought to challenge orders staying the effect and operation of the common judgment dated 24 November 2022.

Petitioners were aggrieved by rejection of their applications challenging registration of public trust and framing of scheme; they contended the temple was private property.

Registration of trust on 21 January 1954 under PTR No. A-327; Regular Civil Suit No.671 of 1980 decreed; Regular Civil Suit No.600 of 1982 dismissed; First Appeal No.21 of 2000 decreed; First Appeal No.804 of 1989 allowed and remanded; Second Appeal No.274 of 2002 allowed and later remanded by Apex Court; Joint Charity Commissioner's common order dated 29 November 2008 allowed Scheme Application No.1 of 2008 and dismissed Revision Applications Nos.2 and 3 of 2008; District Judge rejected Trust Applications on 24 November 2022.

Whether the public trust was validly created and registered under the Maharashtra Public Trust Act Whether the temple of Shri Jagdamba Tuljapurchi Devi is a public temple or private temple Whether the property in dispute is property of the public trust or private property Whether the pending Second Appeal No.274 of 2002 precluded the District Judge from deciding the Trust Applications Whether the registration order dated 21 January 1954 was valid and legal

Mr. Sapkal submitted that as Second Appeal No.274 of 2002 was pending, the District Judge ought not to have decided the Trust Applications. He contended that a decree declaring the temple as private property was in force and another decree declaring surrounding property as private had reached finality in Second Appeal No.16 of 2001. He submitted that pursuant to Apex Court order, an application for stay was granted on 3 August 2019 but the petitioners were pressurized to argue the trust application. He contended that the only issue required to be considered was whether there was any registration of the public trust and any order passed by the Charity Commissioner on 21 January 1954.

The court emphasized that Sections 79 and 80 of the Maharashtra Public Trust Act, 1950 vest exclusive jurisdiction in the Deputy or Assistant Charity Commissioner or the Charity Commissioner to decide whether a trust exists, whether it is a public trust, and whether particular property belongs to the trust, with an express bar on civil courts. The court observed that long user by the public as a matter of right and compliance with the Trust Act established that the temple was a public temple and its property was trust property.

the public trust had been validly created by complying with the provisions of the Trust Act, the temple was a public temple, which is evident from the long user by the public as a matter of right and the subject property is the property of the public trust. A conjoint reading of the aforesaid provisions indicates that the Deputy or Assistant Charity Commissioner or the Charity Commissioner is empowered to decide the questions as regards the existence of a trust, the nature of the trust-whether public trust and whether particular property is the property of such trust in proceedings instituted under the Trust Act and an express bar to the jurisdiction of the Civil Court to decide the issues which are required to be decided or dealt with by the concerned authority under the Trust Act.

In 1952, Kisan Lahanu Bhagat filed Registration Application No.1566 of 1952 under Section 18 of the Trust Act, allowed on 21 January 1954, trust registered as PTR No. A-327. In 1980, Regular Civil Suit No.671 of 1980 filed for perpetual injunction and declaration regarding space surrounding temple, decreed; Regular Civil Appeal No.384 of 1996 dismissed; Second Appeal No.16 of 2009 dismissed by High Court on 22 June 2004. In 1980, Scheme Application No.302 of 1980 filed by Ramdas Rakhmaji Jadhav, allowed and scheme framed; challenge under Section 72(2) before District Judge dismissed; First Appeal No.804 of 1989 filed. In 1982, Regular Civil Suit No.600 of 1982 filed by Vijay Arjun Bhagat for declaration of private property, dismissed on 10 December 1999; First Appeal No.21 of 2000 decreed; Second Appeal No.274 of 2002 filed in High Court. On 19 July 2007, High Court decided First Appeal No.804 of 1989 by allowing and remanding to Joint Charity Commissioner; Second Appeal No.274 of 2002 allowed; SLP preferred and Apex Court remanded second appeal for fresh consideration; second appeal pending. After remand, Scheme Application No.302 of 1980 renumbered as Scheme Application No.1 of 2008; Revision Application No.2 of 2008 and No.3 of 2008 filed for de-registration. Joint Charity Commissioner allowed Scheme Application No.1 of 2008 and dismissed Revision Applications on 29 November 2008. Trust Applications 1,2,3 of 2009 filed challenging that order; District Judge rejected them on 24 November 2022. Writ Petition No.558 of 2023 challenged orders dated 26 and 30 November 2022 staying the common judgment. Writ petitions heard together.

• Maharashtra Public Trust Act, 1950: Section 18, Section 70A, Section 72(2), Section 79, Section 80