RAGHUVANSHI LOHANA MAHAJAN Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule. Learned Advocate appearing for respondent No.1 is directed to waive service. The petition is taken up for final hearing and disposal today in light of the view that the Court is inclined to adopt.

(2.) This petition challenges order dated 20.2.2007 made by the Gujarat State Revenue Tribunal in Appeal No. AA-39/2006 whereby the appeal preferred by the petitioner has been dismissed on the ground of delay by rejecting the application for condonation of delay.

(3.) The petitioner-Trust was owning an immovable property in the form of Flat No.102 admeasuring 832 sq.ft. in Shri Raj Apartments, Pratap Road, Raopura, Vadodara. The said flat was sold for a sum of Rs.4,80,000/- on 29.11.2005. On 16.02.2006 the petitioner-Trust moved an application u/s. 36 of the Bombay Public Trust Act, 1950 (the Act) requesting respondent No.1 - Authority to grant permission post facto to the sale effected by the petitioner-Trust. Vide order dated 22.09.2006 respondent No.1- Authority rejected the said application without recording any decision on merits because, it appears that the representatives of the petitioner-Trust did not remain present before the Authority.