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Bombay High Court

SHREE SAI BABA SANSTHAN TRUST SHIRDI THROUGH ITS CHIEF EXECUTIVE OFFICERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that there is no difficulty in allowing the civil application to direct implementation of the Trust's resolution.

Summary

The Shree Sai Baba Sansthan Trust, Shirdi, through its CEO, filed a civil application seeking a court order to implement Resolution No. 139 dated 27.02.2025, which authorizes laying a 900‑mm diameter pipeline from the Godavari Right Canal to a new storage tank at Nimgaon Korhale, at an estimated cost of Rs.2.38 crore. The resolution was passed by the Trust's ad‑hoc committee under Proposal No. 60. The State of Maharashtra and other respondents opposed the application. The Court examined whether it could direct the implementation of the Trust's internal resolution through a civil application. Finding no legal impediment, the Court concluded that the application could be granted. Accordingly, the Court allowed the civil application, directing the implementation of the pipeline project as per the resolution.

Issues considered

  • Whether a civil application can be entertained to direct the implementation of a resolution passed by an ad‑hoc committee of a private trust
  • Whether the Court has jurisdiction to order the execution of a pipeline project involving public resources

Subjects

  • civil application
  • public interest litigation
  • pipeline construction
  • implementation of resolution
  • trust governance
  • infrastructure project
  • jurisdiction

Judgment

2026:BHC-AUG:39356-DB

                                                   1                      CA / 6279 / 2025

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 6279 OF 2025 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. 139 dated 27.02.2025 pursuant to the Proposal No. 60.
              The Adhoc committee of the Sansthan has passed the resolution to lay
              down 900 diameter pipeline from Godavari Right Canal to the New
              Storage Lake / Tank erected at Gut No. 245 situated at Nimgaon
              Korhale. The estimated cost is Rs.2,38,09,954/-.

              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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