ASHWIN JAYANTILAL SHAH Vs. PANJARPOL SANSTHA

JUDGEMENT

(1.) IN this batch of Writ Petitions, the correctness and legality of an order dated 29/12/1999, passed by the Charity Commissioner of the State of Maharashtra, is sought to be impugned. Writ Petition No. 96/2000 has been filed by an unsuccessful bidder for the property which has been sought to be alienated by the Trust. In WP No. 731/2000, the petitioners are Members of the Trust and persons who claim to be interested therein. In Writ Petition No. 101 of 2000, the petitioner is a former trustee of the Trust. Since all the Writ Petitions involve common questions of law and common submission, they were heard together and are being disposed of by this judgment.

(2.) THE Trust in question is known as the "shri Panjarpol Sanstha, Jalgaon". The Trust is registered under the provisions of the Bombay Public Trusts Act, 1950 and owns several lands, which are the subject matter of the present proceedings. The lands involved in the present proceeding are situated in the village of Mehrun in the taluka and district of Jalgaon and are as follows:-

(3.) THE Constitution of the Trust, as originally adopted in 1969, conferred powers upon the Managing Committee to look after and supervise the immovable property belonging to the Trust, including the power to purchase property for or sell property of the Trust, with the consent of the General Body. This power is traceable to Clause 11 [8][9] of the Constitution adopted for the Trust. On 27/7/1998, these provisions of the original Constitution of the Trust came to be amended and the amendment was approved by the Joint Charity Commissioner. By Clause 8. 9 of the amended Constitution, the power to purchase and sell the immovable property of the Trust was vested in the Managing Committee.