LAWS(BOM)-2025-4-5

COMMISSION ON ECUMENICAL MISSION Vs. STATE OF MAHARASHTRA

Decided On April 07, 2025
Commission On Ecumenical Mission Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner, a registered Public Trust, seeks to impugn the Judgment and Order dtd. 2/1/2025 passed by the Learned Joint Charity Commissioner, Kolhapur Division, in Application No. 2 of 2019. By the impugned order, the Learned Joint Charity Commissioner was pleased to reject the application preferred by the petitioner-Trust, seeking extension of time to execute the sale deed pursuant to the permission earlier granted by order dtd. 6/2/2001 under Sec. 36(1)(a) of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as "the said Act"). The said permission had been granted to the petitioner-Trust to effectuate a sale transaction in favour of respondent No.5.

(2.) The facts giving rise to the filing of the present petition are briefly stated as under:

(3.) Pursuant to the said public advertisement, the office of the Charity Commissioner received offers from as many as nine prospective purchasers. Upon scrutiny of the said offers, the offer submitted by respondent No.5 was found to be the highest, quoting a rate of Rs.1,086.00 per square meter. Thereupon, the Charity Commissioner, after satisfying himself as to the prudence and fairness of the proposed transaction, was pleased to grant permission for sale by an order dtd. 6/2/2001. The said order permitted the petitioner-Trust to sell the subject property for a total consideration of Rs.2,63,97,300.00, and it was further directed that the said transaction shall be completed by executing a registered sale deed within a period of one year from the date of the said order, i.e., on or before 6/2/2002.