Case Note & Summary
The judgment concerns two civil applications filed in writ petitions under Articles 226 and 227 of the Constitution of India. The writ petitions challenged an order dated 19.4.2005 passed by the Joint Charity Commissioner, Pune Region, Pune, refusing permission to Bara Imam Masjid Trust to alienate certain immovable properties for a consideration of about Rs.5 crores under section 36 of the Bombay Public Trusts Act, 1950. The respondent trust applied for return of the writ petitions for presentation before the Aurangabad Bench of the Bombay High Court, arguing that the cause of action arose within the territorial jurisdiction of the Aurangabad Bench because the properties in dispute are located there. The court, presided over by Justice S.A. Bobde, considered the sole objection regarding territorial jurisdiction. The court held that the cause of action for challenging the order arises at the place where the order was passed, i.e., Pune, which falls within the appellate side jurisdiction of the Principal Seat at Bombay. Therefore, the writ petitions were maintainable at Bombay. The civil applications were dismissed with no order as to costs.
Headnote
A) Constitutional Law - Territorial Jurisdiction - Articles 226 and 227 of the Constitution of India - Cause of Action - The court held that the cause of action for challenging an order of the Joint Charity Commissioner arises at the place where the order is passed, not where the trust properties are situated. Since the order was passed in Pune, which falls within the appellate side jurisdiction of the Principal Seat at Bombay, the writ petitions were maintainable at Bombay. The application for return of petitions for presentation before the Aurangabad Bench was dismissed. (Paras 1-4)
Issue of Consideration
Whether the cause of action for challenging an order of the Joint Charity Commissioner refusing permission to alienate trust property arises within the territorial jurisdiction of the Principal Seat at Bombay or the Aurangabad Bench, given that the properties are located in Aurangabad jurisdiction but the order was passed in Pune.
Final Decision
The civil applications are dismissed. No order as to costs.
Law Points
- Territorial jurisdiction of High Court under Articles 226 and 227 of Constitution of India
- Cause of action for challenging order of Charity Commissioner arises at place of passing of order
- Not at location of trust property
Case Details
2005 LawText (BOM) (09) 102
Civil Application No.2045 of 2005 in Writ Petition No.3965 of 2005 and Civil Application No.2046 of 2005 in Writ Petition No.4151 of 2005
Mr.A.V.Anturkar with Mrs.Vanita V. Bakre-Shastry for the applicant; Dr.V.V.Tulzapurkar with Mr.R.D.Soni for respondent nos.1 to 6; Mr.M.H.Solkar, Asstt. Govt. Pleader, for respondent nos.7 & 8; Mr.Ramesh D. Patil i/. M/s.Jay & Co., for respondent no.7 in WP 3965/2005; Mr.J.P.Sen with Mr.Sanjay Gawade for respondent nos.1 and 2; Mr.M.H.Solkar for respondent nos.3 and 4; Mr.Ramesh D. Patil i/b. M/s.Jay & Co., for respondent no.8 in WP 4151/2005
Shri Haji Abdul Razak Yasim Patel
Bara Imam Masjid Trust & Ors. (in CA 2045/2005) and Rajiv Build Well Private Limited & Ors. (in CA 2046/2005)
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Nature of Litigation
Civil applications in writ petitions challenging an order of the Joint Charity Commissioner refusing permission to alienate trust properties.
Remedy Sought
The respondent trust sought return of the writ petitions for presentation before the Aurangabad Bench of the Bombay High Court on the ground of lack of territorial jurisdiction.
Filing Reason
The applicant (original respondent no.13/14) filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dated 19.4.2005 of the Joint Charity Commissioner, Pune Region, Pune, refusing permission to Bara Imam Masjid Trust to alienate certain immovable properties.
Previous Decisions
The Joint Charity Commissioner, Pune, passed an order on 19.4.2005 refusing permission under section 36 of the Bombay Public Trusts Act, 1950.
Issues
Whether the cause of action for challenging the order of the Joint Charity Commissioner arises within the territorial jurisdiction of the Principal Seat at Bombay or the Aurangabad Bench.
Submissions/Arguments
The respondent trust argued that the cause of action arose within the territorial jurisdiction of the Aurangabad Bench because the properties in dispute are located there.
The applicant (petitioner) contended that the order was passed in Pune, which falls within the appellate side jurisdiction of the Principal Seat at Bombay.
Ratio Decidendi
The cause of action for challenging an order of the Joint Charity Commissioner arises at the place where the order is passed, not where the trust properties are situated. Since the order was passed in Pune, which falls within the appellate side jurisdiction of the Principal Seat at Bombay, the writ petitions were maintainable at Bombay.
Judgment Excerpts
The only objection raised by the respondent is that the cause of action for these Writ Petitions has not arisen within the territorial jurisdiction of the Appellate Side of the Principal Seat of this Court at Bombay since the properties in respect of which the dispute arises are located within the territorial jurisdiction of the Aurangabad Bench of this Court.
Procedural History
The Joint Charity Commissioner, Pune, passed an order on 19.4.2005 refusing permission to alienate trust properties. The applicant filed writ petitions under Articles 226 and 227 of the Constitution of India before the Bombay High Court challenging that order. The respondent trust filed civil applications seeking return of the writ petitions for presentation before the Aurangabad Bench. The court heard both civil applications together and dismissed them by common order on 19.9.2005.
Acts & Sections
- Bombay Public Trusts Act, 1950: 36
- Constitution of India: 226, 227
