MAHENDRA DHISALAL AGARWAL Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) RULE. Learned Advocates appearing for the respective respondents waives service of Rule.

(2.) This group of petitions is filed in connection with an immovable property belonging to a Public Charitable Trust, viz. 'Dhor Charvanu Trust' bearing registration No.E/552/Surat. Essentially the immovable property consists of land bearing block /survey No.6 of village Pasodara, Kamrej, Surat, admeasuring 71469 sq. mtrs. The root of the dispute is grant of permission to sale under Section 36 of the Bombay Public Trusts Act ("the Act", for short). The petitioners have jointly objected to the application under Section 36 of the Act filed with the Joint Charity Commissioner, Surat for the purpose of sale of aforementioned land. However, such objections by the objectors /petitioners were rejected and permission to sale was granted. Each of the petitioners had challenged the permission thus granted by filing appeal before the Gujarat Revenue Tribunal and the Gujarat Revenue Tribunal by the impugned order has upheld such permission. The petitioners therefore have respectively filed separate petitions challenging such orders both by the Charity Commissioner and the Gujarat Revenue Tribunal. The prayer clause in each of the petitions is as under:-

(3.) With consent of learned Advocates for the parties, the matters are taken up for joint hearing and disposal. The facts are taken from SCA No.16954 of 2019.