KARMVEER KAKASAHEB WAGH EDUCATION Vs. VYANKATESH MANDIR TRUST

JUDGEMENT

(1.) Rule made returnable forthwith. The learned counsel for the respondents waive service. Heard finally by consent of parties.

(2.) The challenge in both these petitions is to the order dated 03rd March 2014 passed by the learned Joint Charity Commissioner, Nashik below Exhibit-74 in Application No.23 of 2005. As such they are being disposed of by this common judgment.

(3.) Karmaveer Kakasaheb Wagh Education Society ('Society' for short) and Vyankatesh Mandir Trust ('Trust' for short) are both registered under the Bombay Public Trust Act, 1950 ('Act' for short). The trust is the absolute owner of the agricultural land bearing Survey No.275 admeasuring 5 H 37 R situated at Panchvati, Nashik. In the year 1994 the trust had decided to sale 9 Acres of land from out of the aforesaid survey number pursuant to which a public notice was issued. The fourth respondent Mr.Bhaskar Laxman Jadhav was the highest bidder at Rs.2.5 lakhs per acre totalling to Rs.22.5 lakhs. The trust accepted the said offer and an application under Section 36 of the Act was filed before the Charity Commissioner for permission in the year 1996. The learned JCC granted sanction for sale 06th February 1998 which was partially modified on 19th June 1998 imposing condition that the sale transaction shall be completed within one year from 19th June 1998. It appears that the transaction could not be completed within stipulated time.