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SCA/15379/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15379 of 2010
=========================================================
DHANSUKHBHAI
BAUBHAI AMIPARA - Petitioner(s)
Versus
JOINT
CHARITY COMMISSIONER & 4 - Respondent(s)
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Appearance
:
MR
UTPAL M PANCHAL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/12/2010
ORAL
ORDER
Petitioner
has challenged an order dated 28.7.2010, passed by GRT, Ahmedabad by
which prayer for granting stay pending appeal filed by him came to
be rejected. The petitioner in the said appeal has challenged the
validity of the order of the Joint Charity Commissioner, Surat,
confirming the sale in favour of respondent No.4 herein of property
of a public trust for an amount of Rs.65 lacs.
The
petitioner though had also applied for bid in the public action, he
did not participate in the auction on the ground that the documents
regarding the property in question were not made available to him.
Be that as it may. The petitioner challenged the order passed by
the Joint Charity Commissioner confirming the sale in favour of the
highest bidder. In the appeal, he also prayed for an interim stay.
The Tribunal, however, in the impugned order found that the sale
consideration has already been paid over and the sale is also
executed. These, besides others, were the reasons for refusing
interim relief.
When
the order of the Joint Charity Commissioner was already executed by
the time the Tribunal took up the prayer for stay by biparte
hearing, I do not find that the Tribunal committed any error in
refusing such prayer. I have perused the interim prayers made which
pertained to staying of the order of the Joint Charity Commissioner
and directing not to execute the sale pursuant to such an order.
Under the circumstances, no relief can be granted in this petition.
It would be open for the petitioner, however, to make further
suitable interim prayer or seek early hearing of the appeal. If
such application is filed, the same may be considered by the Tribunal
in accordance with law.
With
the above observations, the petition is disposed of.
(Akil
Kureshi, J.)
(vjn)
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