High Court Adjudicates Dispute Over Registration of Shri Ramgir Maharaj Math Sansthan as Public Trust. The Core Issue Involves Whether a Math with a Tomb Used by Villagers Qualifies as a Public Trust Under Sections 19 and 72 of the Maharashtra Public Trusts Act.

Appeal from the decision of the District Court under Section 72 of the Maharashtra Public Trusts Act dismissing the application challenging the Joint Charity Commissioner’s order refusing registration of the trust.

Appellants sought to set aside the orders of the Joint Charity Commissioner and the District Court and to direct registration of 'Shri Ramgir Maharaj Math Sansthan' as a public trust and declare its properties as trust properties.

Appellants contended that the Math had been used by villagers for worship and religious activities, and thus qualified as a public trust under the Act.

Assistant Charity Commissioner initially allowed registration (30-03-1984); Joint Charity Commissioner dismissed appeal (31-08-1989); District Court set aside and remanded (20-06-2000); Assistant Charity Commissioner again allowed (28-12-2004); Joint Charity Commissioner reversed (06-04-2009); District Court confirmed reversal (13-09-2010).

Whether the subject Math is a public trust under the Maharashtra Public Trusts Act, 1950. Whether the properties in question are trust properties of the Math. Whether the lower courts correctly appreciated the evidence regarding public character of the Math.

Appellants argued that registration and property declaration are two separate issues; sufficient evidence existed of public use and religious activities by villagers; long use by the public raises presumption of public temple; a Math ipso facto is a Hindu public trust (citing Bala Shankar Bhattjee and Mahant Srinivas Ramanuj Das). Respondents contended that every tomb cannot be recognized as religious; dedication at a tomb is not valid under Hindu law; no evidence of service inam for benefit of a sect or obligation annexed to ownership; property was private to Gosavi community; mere occasional public visits do not confer public trust character (citing Commissioner v. Ramling Reddiar, Ramanasramam, Ram Bharose Sharma, and Haribhanu Maharaj).

Long use of the Math by the villagers as of right for worshipping, is a relevant factor leading to a presumption that the Math is a public temple. An institution which comes within the definition of Math, ipso facto, comes within the description Hindu Public Trusts and endowments. The learned District Judge dismissed both the applications and confirmed the order passed by the Joint Charity Commissioner at Latur in Appeal No.4/2005.

On 03-12-1981, appellant Ram Narsu Gore filed application for registration of 'Shri Ramgir Maharaj Math Sansthan'. Assistant Charity Commissioner allowed registration on 30-03-1984. Damodar Dadarao Patil appealed to Joint Charity Commissioner, Aurangabad, dismissed on 31-08-1989. Further appeal to District Court, Latur under Section 72, which on 20-06-2000 set aside orders and remanded for fresh enquiry. Fresh enquiry under Section 19 by Assistant Charity Commissioner, Latur resulted in order dated 28-12-2004 again allowing registration. Respondents appealed to Joint Charity Commissioner, Latur in Appeal No.4/2005, which allowed appeal on 06-04-2009 setting aside registration. Appellants filed Civil Misc. Application (Trust) Nos.100/2009 and 118/2009 before District Court, Latur under Section 72; dismissed on 13-09-2010. Appellants filed present appeal initially as Second Appeal No.781/2010, later converted to First Appeal No.3032/2016.

• Maharashtra Public Trusts Act, 1950 (formerly Bombay Public Trusts Act): 17, 19, 72