A R KHAN CONSTRUWELL COMPANY, AHMED DAGUMIYA SHAIKH, MURTAZ ABDUL RASAK CHANEGAV, ABDUL RAZAK N CHANEGAON, RAFIQUE N CHANEGAV, IQBAL GAFOOR SHAIKH, AL-HAJ AJMAL SARFARAJ KHAN, WASIM SUJAUDDIN PIRJADA Vs. YOUTH EDUCATION & WELFARE SOCIETY, NASHIK, NATIONAL (INDIA) CONTRACTORS & ENGINEERS, JOINT CHARITY COMMISSIONER, NASHIK REGION, NASHIK, STATE OF MAHARASHTRA, STATE OF MAHARASHTRA, STATE OF MAHARASHTRA

JUDGEMENT

(1.) These writ petitions have been filed against the common order dated 26th June, 2003 passed by the Joint Chsrity Commissioner, Nasik, whereby Application No. 21 of 2002 taken out by Youth education and Welfare Society, Nasik (the "trust" for short) under section 36 (1) (b) of the Bombay public Trusts Act, 1950 (the "trust Act" for short) came to be allowed and decision taken by the said trust to develop Trust property for through respondent No. 7 (in Writ Petition No. 6549/2003) , viz. , M/s. Suyojit Builders Pvt. Ltd. (the "builder and Developer" for short) came to be affirmed.

(2.) As the principal arguments were addressed in the case of M/s. Ahmed Dagumiya Shaikh and others v/s. Youth Education and Welfare Society and others (W. P. No. 6459/2003) by Shri Ravi Kadam assisted by Shri K. S. Bapat, Advocate, I propose to refer to the relevant facts appearing in that case, for the sake of convenience. Introduction of Litigation :

(3.) The introduction of litigation, based on more or less undisputed facts, is that the respondent No. 1 - Trust is a public Trust bearing registration No. F-1892 having its registered office at Nashik.