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LPA/1175/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1175 of 2008
In
SPECIAL
CIVIL APPLICATION No. 11522 of 2008
With
CIVIL
APPLICATION No. 12086 of 2008
In
LETTERS PATENT APPEAL No. 1175 of 2008
=============================================
ZALA
BALASINHJI DIWANSINHJI - Appellant(s)
Versus
JOINT
CHARITY COMMISSIONER & 3 - Respondent(s)
=============================================
Appearance :
MR
MC BHATT WITH MR JIGAR P RAVAL for Appellant(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1,
None for Respondent(s) : 2 - 3,
3.2.1, 3.2.2, 3.2.3, 3.2.4, 3.2.5,3.2.6 -
4.
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 15/10/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
Heard
learned counsel for the appellant-petitioner.
We
find no infirmity in the reasonings of the learned Single Judge in
the order impugned in this Letters Patent Appeal.
Even
on facts also, it reveals that the Joint Charity Commissioner has
rejected the application of the Mehsana Panjarapole Trust under
Section 36 of the Bombay Public Trust giving liberty to the trust to
initiated the process afresh. Some adverse observations were made by
the Joint Charity Commissioner against the Trustee of the Trust which
led the trustees to file an appeal before the Gujarat Revenue
Tribunal. Since the application of the trust was rejected, the
appellant-petitioner who was highest bidder in the auction
proceedings, also preferred an appeal before the Gujarat Revenue
Tribunal praying to confirm the sale of the trust property in his
favour. The Tribunal partly allowed the appeal of the trustee
expunging the remarks, and dismissed the appeal of the
appellant-petitioner. We find that now the trust is not interested to
sell the property. Therefore, the trust cannot be compelled to sale
the property against their interest.
That
being the fact situation, we will not be justified to interfere with
the order passed by the Joint Charity Commissioner as well as the
order passed by the Tribunal.
With
the above observations, the Letters Patent Appeal and Civil
Application for stay stand dismissed.
(K.S. RADHAKRISHNAN, C.J.)
(AKIL
KURESHI, J.)
kailash
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