PRABHABEN VADILAL MEHTA Vs. KUTCH KHADI GRAMODHYOG SANGH

JUDGEMENT

(1.) THIS petition challenges order dated 16/17. 10. 2007 made by Gujarat Revenue Tribunal in Revision Application No. 12 of 2007. In light of the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal today. RULE. The learned advocates appearing for the respective respondents are directed to waive service.

(2.) RESPONDENT No. 1 is a registered Public Trust, who intended to dispose of certain properties belonging to the Trust. For this purpose an advertisement dated 07. 01. 2004 was got published in local daily 'kachchh Mitra'. Pursuant thereto the petitioners were one of the offerers along with one another person. At that point of time the petitioners had quoted a sum of Rs. 23,00,000/- and the offer made by the petitioners was the highest. On 27. 08. 2004 respondent No. 1-Trust passed a resolution accepting the offer of the petitioners. The petitioners, therefore, deposited 10% of the offered amount. The Trust thereupon approached respondent No. 3 authority for sanction under Section 36 of the Bombay Public Trusts Act, 1950 (the Act ). The application was moved on 16. 10. 2004. Admittedly, the respondent authority did not take any decision until 14. 05. 2006 when an advertisement came to be published inviting fresh bids.

(3.) THE petitioners raised objections vide communication dated 27. 05. 2006. The objections were rejected by respondent No. 3 vide order dated 27. 04. 2007 while accepting the offer of respondent No. 2 at a sum of Rs. 35,01,000/ -. The petitioners carried the matter before the Tribunal by filing revision application. After hearing the parties, the order made by the Joint Charity Commissioner was upheld by the Tribunal.