Synopsis

The petitioner (Bagasarwala Property Llp) entered into a lease and thereafter a conveyance (transfer of reversionary rights) with a public trust after obtaining prior sanction from the Joint Charity Commissioner under Section 36(1) of the Maharashtra Public Trusts Act, 1950. A third party (respondent no.2) claiming through an earlier assignee initiated proceedings under Section 36(2) alleging fraud and concealment. The Joint Charity Commissioner revoked the sanction, directing return of the property and refund of consideration. The High Court quashed the revocation order, holding that: (i) the jurisdiction under Section 36(2) is narrow and limited to fraud, misrepresentation or concealment of material facts; (ii) the authority had not established fraud with necessary particulars; (iii) the impugned order effectively reassessed the sanction on merits, which is not permissible; (iv) once a conveyance is executed, revocation is possible only on proof of fraud practised before the sanction.

1. Proper heading of the judgment

High court of judicature at bombay civil appellate jurisdiction

Writ petition no.1736 of 2020 with interim application nos.2281 of 2020, 107 of 2026, etc.

Bagasarwala property llp (petitioner) vs. The joint charity commissioner worli, mumbai & ors (respondents)

Coram: hon’ble mr. justice amit borkar

Court: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Coram: Hon’ble Mr. Justice Amit Borkar (Single Judge)

Date of Judgment: June ,2026 (Reserved on 8th June 2026)

Citation: Writ Petition No.1736 of 2020 (unreported)

Core Law: Maharashtra Public Trusts Act, 1950 – Section 36 (alienation of immovable property of public trust)

2. Legal framework

Major laws and provisions involved:

• Maharashtra public trusts act, 1950 – section 36(1) (previous sanction for alienation of trust property), section 36(2) (revocation of sanction on ground of fraud, misrepresentation, or concealment), proviso to section 36(2) (no revocation after execution of conveyance except for fraud practised before sanction)

• Principles of natural justice – opportunity of hearing before revocation

Subjec

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