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Bombay High Court

SHREE SAIBABA SANSTHAN SHIRDI THROUGH ITS ADMINISTRATIVE OFFICERversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY

Disposal
DISPOSED OFF

Holding

The Court held that there is no difficulty in allowing the civil application and directed the implementation of the resolution granting the lease.

Summary

The Shree Sai Baba Sansthan Trust, through its CEO, filed a civil application seeking a court order to implement Resolution No. 403 dated 03‑07‑2024, which authorizes the lease of its land (Survey No. 116/5) to the Zilla Parishad, Shirdi for five years. The resolution was passed by the Sansthan’s ad‑hoc committee under Proposal No. 17. The State of Maharashtra and other respondents opposed the application. The Court examined whether there was any legal impediment to directing the lease. Finding none, the Court held that the application could be granted without difficulty. Accordingly, the Court allowed the civil application and directed implementation of the resolution as prayed for.

Issues considered

  • Whether the civil application seeking a direction to implement Resolution No. 403 for leasing Sansthan land to Zilla Parishad should be allowed

Subjects

  • lease
  • land
  • resolution
  • civil application
  • public interest litigation
  • implementation
  • Sansthan
  • Zilla Parishad

Judgment

2026:BHC-AUG:39388-DB

                                                   1                      CA / 11073 / 2024

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 11073 OF 2024 IN
                              PUBLIC INTEREST LITIGATION NO. 98 OF 2021

                         SHREE SAI BABA SANSTHAN TRUST SHIRDI THROUGH
                                   ITS CHIEF EXECUTIVE OFFICER
                                              VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS

                                                         ...
                                     Advocate for applicant : Mr. A.S. Bajaj
                             AGP for the respondent – State : Mr. P.K. Lakhotiya
                   Advocate for petitioner in PIL : Mr. U.R. Awate h/f Talekar and Associates
                                                         ...

                              CORAM               : KISHORE C. SANT AND
                                                    JITENDRA JAIN, JJ.

                              DATE                : 28 AUGUST 2026

              PER COURT :

                              Heard learned Advocate for the applicant and learned
              Advocate for the respondent.

              2.              This civil application is for directing to implement
              Resolution No. 403 dated 03.07.2024 pursuant to Proposal No. 17. The
              Adhoc committee of the Sansthan has passed the resolution for
              granting the land Survey No. 116/5 owned by Sansthan to Zilla
              Parishad, Shirdi on lease basis for 5 years.

              3.              Looking to the object, this Court does not find any difficutly
              in allowing the Civil Application. Civil Application is allowed in terms of
              prayer clause B.



                     [ JITENDRA JAIN ]                          [ KISHORE C. SANT ]
                          JUDGE                                      JUDGE
              arp/


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