Yusuf Iqbal YusufversusHajee Noormohammed Hajee Janmohammed Latiff Charities

                             PDP                                                      45-WP-10316-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
          by PRAVIN
                                               CIVIL APPELLATE JURISDICTION
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2026.09.11
          19:56:37 +0530
                                                WRIT PETITION NO. 10316 OF 2026

                             Yusuf Iqbal Yusuf                            .. Petitioner


                                          Vs.

                             Hajee Noormohammed Hajee
                             Janmohammed Latiff Charities &
                             Ors.                                         .. Respondents
                                                                  ...

                             Mr. Zain Shroff a/w Ms. Gaurangi Chaudhari i/by M/s. YNA Legal for
                             Petitioner.
                             Mr. Kevic Setalvad, Senior Advocate a/w Mr. Jehan Lalkaka, Mr.
                             Zahan Setalvad, Mr. Nimish Kothare, Mr. Nikhil Mutha, Ms. Ashwini
                             Sonawane i/by M/s. Nanu Hormasjee & Co. for Respondent No.1.
                             Mr. Surel Shah, Senior Advocate i/by Parag Tilak for Respondent
                             No.3.
                             Mr. Abhishek Pungliya for Respondent No.4.
                             Mrs. Neha S. Bhide, Govt. Pleader with Ms. S. D. Vyas, Addl. Govt.
                             Pleader and Ms. Pooja Patil, AGP for Respondent No.5.
                                                               ...

                                          CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                  ADVAIT M. SETHNA, J.

                                         DATE       : 11th SEPTEMBER, 2026.

                             P.C. :

                             1.          The instant Petition is filed under Article 226 of the
                             Constitution of India, inter alia, for the following reliefs: -


                                         “(a) this Hon’ble Court be pleased to issue a Writ of
                                         Certiorari or a Writ in the nature of Certiorari or any
                                         other appropriate Writ, Order or direction quashing
                                         and setting aside the Judgment and Order dated
                                         29.04.2026     passed     by  the   Learned     Charity
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           Commissioner in Application No.31 of 2026 under
           Section 36(1)(a) of the Maharashtra Public Trusts Act,
           1950;

           (b)   this Hon’ble Court be pleased to issue a Writ of
           Mandamus or a Writ in the nature of Mandamus or
           any other appropriate Writ, Order or direction
           directing the Learned Charity Commissioner to
           exercise the powers vested in him under Section 36(2)
           of the Maharashtra Public Trust Act, 1950 and to
           revoke the sanction granted by the Order dated
           29.04.2026, after giving the Petitioner, the said Jamat
           and all persons interested in the said Trust an
           opportunity of being heard;

           (c)   this Hon’ble Court be pleased to direct that a
           fresh valuation of the said Property be carried out by
           an independent Government approved and/or Court
           appointed valuer and that any alienation of this said
           Property, if at all found necessary, be affected only by
           a fresh, transparent and genuinely competitive public
           bidding     process     with    an     upset    price   of
           Rs.29,00,00,000/- (Rupees Twenty Nine Crores only),
           with liberty to the Petitioner to participate therein;”


2.         At the outset, the learned senior counsel for Respondent
No.1 raised an objection qua the maintainability of the instant
proceeding on the ground that against the order impugned, the
petitioner is having an efficacious remedy to press an Application
under Section 36(2) of the Maharashtra Public Trust Act, 1950 before
the Charity Commissioner. There is no reason or occasion to by-pass
the said statutory remedy.


2.         Considering the factual situation, as emerged, and the
objection raised by the learned counsel for the respondents, we are
not inclined to entertain the instant Petition on the ground of
efficacious alternate remedy before the Appellate Authority. The
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substantial justice would be subserved in case the Petitioner prefers
an Application along with Stay Application under the relevant
provisions within two weeks from today.       We expect the Appellate
Authority shall decide the said application expeditiously.


3.         With the aforesaid observations, the Writ Petition is
disposed of.


4.         Needless to state, we have not adverted to the merits of the
matter and all contentions of the parties are kept open.



[ADVAIT M. SETHNA, J.]                           [CHIEF JUSTICE]




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