VIJAY NARAYAN SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) By these Petitions under Article 227 of the Constitution of India, the Petitioners take exception to a judgment and order dated 28 th October 2022 passed by the learned Joint Charity Commissioner, Mumbai, whereby an Application, being Application No. 77 of 2021, preferred by the Respondent Nos. 3 to 5, seeking the permission of the Charity Commissioner under Sec. 36(1) of the Maharashtra Public Trusts Act 1950 ("Trust Act 1950") for sale of the property admeasuring 50000 sq ft equivalent to 4645.11 sq mtrs, bearing old Survey No. 703, new Survey No. 479, situated Village Talegaon, Tal Haveli, District Pune ("the Trust property"), came to be allowed and permission was accorded to the Respondent Nos.3 to 5, to alienate the Trust property on 'as is where is basis' in favour of the M/s Uttam Associates (R7), for a consideration of Rs.10.00 Crores, subject to certain conditions.

(3.) Background facts can be stated in brief as under: