AKSHAR ASSOCIATES Vs. SPECIAL SECRETARY REVENUE DEPTT. APPEALS

JUDGEMENT

(1.) By filing this petition, the petitioner has prayed to quash and set aside order dtd. 2/12/2015 passed by respondent no.1 bearing reference No.MVV/HKP/VDD/29/2015 and further payed to quash and set aside order dtd. 12/2/2015 passed by respondent no.2 in RTS/Suo-Motu/Revision/Case No.17 of 2013.

(2.) As per the facts of the case, the Trust was original owner of the subject land and considering the financial difficulties, it was decided unanimously by Trustees of the Trust to make an application before the office of Hon'ble Charity Commissioner, Vadodara, to seek necessary permission for selling the subject land so as to generate finances and to utilize the same for betterment of the Trust Properties. Accordingly, the Trustees filed an application under Sec. 36 of the Trust Act bearing No. 36/38/2005 dated 24% October, 2005 before the office of Hon'ble Charity Commissioner, Vadodara, for seeking reliefs as more particularly prayed therein. In furtherance of the aforesaid application and on 28 th January, 2009, the office Hon'ble Charity Commissioner, Vadodara was pleased to direct the Trust to give public advertisement inter alia inviting offers from public at large for purchasing the subject land. It ls submitted that the reserve price for subject land was fixed at Rs.30,00,000.00 (Rupees Thirty Lakhs Only) and the public at large was called upon give their objections/offer on or before 26/2/2009. It is stated that the aforesaid public notice was also published in Gujarat Samachar on 30/1/2009.

(3.) Heard learned Senior Counsel Mr.M.R.Bhatt appearing with learned advocate Mr.Vijay Patel for the petitioner and learned AGP Mr.Nikunj Kanara for the respondent-State.