ASWINKUMAR CHANDULAL MODIYA Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) AS in the present petitions all matters are interconnected and facts are co -related, they are being considered by this common judgement.

(2.) THE short facts of the case appear to be that in respect of certain properties of the respondent No. 2 trust, change reports were filed in change report No. 239 of 1987, and such change report was rejected, against which the appeal No. 2 of 1996 was preferred before the Joint Charity Commissioner, and the appeal was allowed. By virtue of the said order of the Charity Commissioner dated 30th May 1998, the properties were found as that of trust property. It appears that based on the said order dated 30th May 1998, passed by the Charity Commissioner in the aforesaid appeal No. 2 of 1996 in the proceedings of Misc. Application No. 1 of 1993, the Charity Commissioner in exercise of the power under Section 41 -A of the Bombay Public Trust Act (hereinafter referred to as the "Act") issued direction that the properties are trust properties and without prior permission under Section 36 of the Act, the same shall not be transferred or alienated. It is under these circumstances, for challenging the order dated 29.5.1998 passed by the Charity Commissioner under Section 41 -A of the Act, the petitioner who is claiming right over one of the property being a transferee has approached to this Court by preferring the Special Civil Application No. 9040 of 2001.

(3.) SPECIAL Civil Application No. 7116 of 1998 has been preferred by the transferor, who executed sale deed in favour of the petitioner in SCA No. 9040 of 2001 and others have preferred separate petition for challenging very order of the Charity Commissioner.