SHRUSHTI ORGANIZERS PVT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 25. 09. 2006 made by the Gujarat Revenue Tribunal in Appeal No. TEN/aa/1/2006. Though, the petition is styled as a petition under Articles 226 and 227 of the Constitution, in effect, it is a petition under Article 227 of the Constitution.

(2.) RESPONDENT No. 2 is admittedly a Public Charitable Trust which came into existence vide Trust-deed executed on 20. 10. 1972. The trust was registered on 17. 12. 1973. The property in question came to be gifted in two parcels vide gift-deeds executed on 23. 03. 1974 and 25. 07. 1975. Sometime in 1997 the trust sought permission to dispose of the property in question under Section 36 of the Bombay Public Trust Act, 1950 (the Act ). On 11. 02. 1998, permission came to be granted.

(3.) HOWEVER, as admittedly the property was not sold, despite the said permission dated 11. 02. 1998 on 05. 06. 2005 a public notice inviting offers was published. On 21. 06. 2005, the petitioner herein made an offer to purchase the property for a sum of Rs. 4,77,00,000/-accompanied by a demand draft for a sum of Rs. 71,55,000/- being 15% of the upset price. The date fixed fro submitting the offers as well as objections, if any, was 22. 06. 2005. The Charity Commissioner fixed 27. 06. 2005 for opening the sealed tenders and hearing the offers and others, and accordingly, hearing took place on the said date. It is necessary to record that one Shreeji (Shaibaugh) Housing Co-operative Society Ltd. has also made an offer for a sum of Rs. 4,70,00,000/- but at the time of hearing on 27. 06. 2005, the said party withdrew its offer stating that it did not want to enhance the offer and bid in the auction which may take place. On 28. 06. 2005, the Trust passed a resolution accepting the highest offer of the petitioner.