Bombay High Court

RAHUL SURENDRA KAMATversusBOMBAY GOGRASS BHIKSHA SOCIETY AND ORS

Decided: 27 July 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The withdrawal of the application under Section 36 is unconditional, and the petitioner remains free to invoke any remedies available under law.

Summary

The petitioner, Rahul Surendra Kamat, challenged an order that allowed the withdrawal of an application filed under Section 36 of the Maharashtra Public Trust Act, 1950. He alleged that the trustees of the Bombay Gograss Bhiksha Society had created third‑party rights in the trust property before the withdrawal. The court observed that the withdrawal appeared to be unconditional and therefore did not bar the petitioner from seeking any legal remedies available to him. Consequently, the writ petition was disposed, granting the petitioner liberty to invoke appropriate remedies. No substantive order on the validity of the trustees' actions was made.

Issues considered

What is the effect of an unconditional withdrawal of an application under Section 36 of the Maharashtra Public Trust Act, 1950 on the petitioner’s right to seek remedies?
Whether the creation of third‑party rights by the trustees before withdrawal bars the petitioner from invoking legal remedies.

Legislation cited

Maharashtra Public Trust Act, 1950 — s. 36

Subjects

trust law
withdrawal of application
third party rights
Maharashtra Public Trust Act
writ petition

Judgment

                                                                              14 WP-4423-26.DOC

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 4423 OF 2026


                      Rahul Surendra Kamat                                            ..Petitioner

                              Versus

                      Bombay Gograss Bhiksha Society & ors.                    …Respondents

                      Ms. Sarika Mehra, for the Petitioner.

                      Dr. Sanjay Jain a/w Mr. Divyang Shukla, for Respondent
                            Nos.1, 2 , 4, 6 & 7.

                      Mr. Y S Khochare, ‘B’ Panel Counsel for State.

                                                    CORAM :          N. J. JAMADAR, J.
                                                    DATE       :     27th July 2026
SAINATH
SANJAY
BODKHE                P.C.:
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.07.28
15:12:29 +0530        1.      Heard the learned Counsel for the petitioner.

                      2.      The challenge in this petition is to an order permitting the

                      withdrawal       of   an   application       under   Section    36   of   the

                      Maharashtra Public Trust Act, 1950.

                      3.      The learned Counsel for the Petitioner submitted that the

                      Respondent-trustees have created third party rights in the trust

                      property before withdrawal of the application.

                      4.      Since the withdrawal appears to be unconditional, the

                      petitioner is at liberty to invoke the remedies as available in law,




                      SAINATH, PA                              1/2
                                                 14 WP-4423-26.DOC

if the grievance of the petitioner is that the trustees have created

third party rights in the trust properties.

5.     The Writ Petition stands disposed with liberty to the

Petitioner to invoke the remedies as available in law.




                                         [N. J. JAMADAR, J.]




SAINATH, PA                       2/2

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