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Mohd Sajid @ Shahjad Mohd. Haroon v. Anjuman Tarakki a Urdu, Digras, Thr. President, Mohd. Rafique Abdul Wahab and Others

Bombay HC28 Jan 2025WP/512/2025

Case brief

AI extract

What is this about?

Bombay HC Nagpur Bench; WP 512/2025; Anil L. Pansare J; 28 Jan 2025; Joint Charity Commissioner Amravati permission to Trust to sell immovable property; alleged undervaluation sale at Rs.1.15 crore vs claimed market value Rs.2 crore; valuation basis 'reliable source'; petitioner directed to deposit Rs.5 lakh within one week to show bona fides; automatic dismissal on default; listed 06.02.2025; charity commissioner; trust property sale; interim order.

What did the court decide?

No substantive relief granted; interim direction issued that the petitioner deposit Rs.5 Lakhs within one week to show bona fides, failing which the writ petition shall stand dismissed without further reference to the Court; matter listed on 06.02.2025. ¶12

Mohd Sajid @ Shahjad Mohd. Haroon vs Anjuman Tarakki a Urdu, Digras, Thr. President, Mohd. Rafique Abdul Wahab and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the Joint Charity Commissioner, Amravati's permission to the respondent-Trust to sell its immovable property for Rs.1.15 Crores (against the petitioner's claimed market value of around Rs.2 Crores) can proceed when the petitioner's sole basis for the valuation is 'a reliable source', and what deposit/bona fides the petitioner must show.

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Court's answer

The Court observed that if valuation of a property is ascertained merely on the basis claimed by the petitioner (a 'reliable source'), the valuation of the property would have different criteria of assessment.

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Ratio / Principle

The petitioner was directed to deposit Rs.5 Lakhs within one week from 28-01-2025 to show bona fides; failing which the writ petition shall stand dismissed without further reference to the Court. Matter listed on 06.02.2025.

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Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench, Nagpur - WRIT PETITION NO.512/2025 (Anil L. Pansare, J.; 28-01-2025): The petitioner (Mohd. Sajid alias Shahjad Mohd. Haroon) challenged the order of the Joint Charity Commissioner, Amravati permitting the respondent-Trust (Anjuman Tarakki A Urdu, Digras and Ors.) to sell its immovable property for Rs.1.15 Crores, contending its market value was around Rs.2 Crores. On inquiry, counsel could state the petitioner's valuation basis only as 'a reliable source'. The Court observed that such mode of ascertainment would yield different criteria of assessment and directed the petitioner to deposit Rs.5 Lakhs within one week to show bona fides, failing which the writ petition shall stand dismissed without further reference to the Court; matter listed on 06.02.2025. Short interim order; no statute or precedent cited; no final adjudication on merits.

Mohd Sajid @ Shahjad Mohd. Haroon v. Anjuman Tarakki a Urdu, Digras, Thr. President, Mohd. Rafique Abdul Wahab and Others

Case brief

What is this about?

What did the court decide?

Mohd Sajid @ Shahjad Mohd. Haroon v. Anjuman Tarakki a Urdu, Digras, Thr. President, Mohd. Rafique Abdul Wahab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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