DINESH RUPCHANDJI DIWAN Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Heard Mr. Deshpande, learned counsel for the petitioners. Ms. Khan, learned AGP appears for respondent no.1.

(2.) The present petitioners are the prospective purchasers, who had entered into an agreement with the respondent no.2 on 5/11/2011 for purchase of the property of the trust having Gat No. 516, admeasuring 2 acres, situated at Mouza Valgaon, Tq. and Dist Amravati, for total consideration of Rs.52,00,000.00. After the agreement was entered into, an application was filed by the respondent no.2 under Sec. 36(1) of the Maharashtra Public Trust Act (for short "The MPT Act ") before the Joint Charity Commissioner, seeking approval to the aforesaid transaction.

(3.) After an enquiry under Sec. 36 by the judgment dtd. 7/8/2019, the learned Joint Charity Commissioner dismissed the application on the ground that on earlier 12 occasions, sanction was granted to the trust to sell other properties and though these properties were sold, there was nothing on record to indicate how and in what manner the sale consideration from the aforesaid sale proceeds was utilized for furthering the aims and objects of the trust or for protecting the properties of the trust.