NAGANATHJI MANDIR TRUSTEE Vs. INCHARGE JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader waives service of rule on behalf of the respondent-state.

(2.) This petition is filed under Article-226 of the Constitution of India is challenging the decision of the Gujarat Revenue Tribunal by which the Tribunal had quashed and set aside the order of the Joint Charity Commissioner, Rajkot, which was in exercise of powers under Section-36 of the Bombay Public Trust Act.

(3.) Learned Advocate for the petitioners submitted that the property of the Trust was occupied by certain tenants and Trust was not deriving any benefits of such property. Theretofore, deciding to sale of the property of the Trust made an application under Section-36 before the Joint Charity Commissioner. Joint Charity Commissioner by its order dated 19-06-2013 had granted permission under Section-36 of the Bombay Public Trust Act and stipulated several conditions. Such order was challenged by the respondent Nos. 3 and 4 before the Gujarat Revenue Tribunal.