MURLIDHAR DEOSTHAN BAMARDA Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 14/06/2010 passed by the learned Joint Charity Commissioner, Nagpur, by which the application under Section 36(1 )(a) of the Bombay Public Trust Act, 1950 filed by the petitioner came to be rejected. The subjectmatter of the application under Section 36( 1 )(a) of the said Act was land bearing field Survey No. 101 of village Bamarda, Tq. Warora, Distt.Chandrapur. The said land was sought to be sold by the Trust on the ground that there is no yield from the land nor any income can be applied to the Trust and since Sabha Mandap and Deosthan were to be constructed, there was a necessity to sell the said land.

(3.) Pursuant to the tenders invited, the Trustee concerned received three tenders wherein the highest price offered by the bidder was Rs. 10,00,000/-. It was, therefore, the case of the Trustee that transaction is in the interest and benefit of the Trust.