ANR GROUP OF COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, taken up for final disposal.

(2.) By this petition, Petitioner is aggrieved by direction given by the Joint Charity Commissioner on 24/7/2023 directing issuance of public notices for inviting fresh offers in the newspapers for sale of property of Respondent No.2-Trust while deciding Trust's application seeking permission under Sec. 36 of the Bombay Public Trusts Act, 1950 (Trust Act) for sale of the same to Petitioner. Petition also challenges Notice dtd. 27/9/2023 issued by the Superintendent in the ofce of the Charity Commissioner inviting offers for sale of the trust property. Petitioner's grievance is that Respondent No.2-Trust has already implemented auction process by publishing advertisement in leading newspapers and that it received multiple offers, in which Petitioner was found to be the highest bidder. That therefore there was no occasion for the Charity Commissioner to once again direct issuance of notice for fresh offers in a casual manner. With this grievance, the Petitioner has fled the present petition.

(3.) Facts of the case, in brief, are that Respondent No.2 is a Public Trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 and owns various immovable properties in Ratnagiri and Mumbai. Respondent No.2-Trust owns building named, 'Bhageshwar Bhuvan' bearing House No. 4822/2023, (197-B/197-C) F.P. No.80 TPS 2, Dilip Gupte Marg, Mahim (West), Mumbai-400 016 admeasuring 1355.56 sq.mtrs. The building consists of ground plus two storeyed structure consisting of 122 rooms. In the building, there are 106 tenants and 16 rooms are provided for residence of police staff. It is claimed in the petition that the Trust receives Rs.2,93,838.00annually towards rent, whereas the expenditure incurred by it towards taxes, repairs etc. is Rs.2,07,248.00 and that additional expenditure of Rs.1,89,692.00was required to be incurred on salaries of staff in respect of the building. That thus the total expenditure incurred by the Trust in respect of the building is Rs.4,12,250.00 per year against income of Rs.2,93,838.00.