UDAY MADHAVDAS THAKERSEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in the above petitions filed under Article 226 of the Constitution of india, is to the order dated 08 05 2000 passed by the Charity Commissioner in exercise of the powers under Section 36 of the Bombay Public Trust Act, by which order the sanction was granted for sale of the property in question in favour of the respondent No.3 in the above petition.

(2.) The question poised in the above petitions is whether in view of Clause 6 of the Lease Deed dated 01 09 1975, the permission of the Charity Commissioner under Section 36(1) of the Bombay Public Trust Act, 1950 (for the sake of brevities, hereinafter referred to as the said "Act") is a mere formality and that the Charity Commissioner has to grant such permission for the asking.

(3.) To appreciate the controversy, the factual matrix needs to be stated, which is stated thus :