Writ Petition No. 6657 of 2014. Case: Vicky Dilip Mutha and Ors. Vs The Panjarapol Sanstha. High Court of Bombay (India)
| Case Number | Writ Petition No. 6657 of 2014 |
| Counsel | For Appellant: R.R. Mantri, Advocate and For Respondents: A.P. Bhandari, Advocate |
| Judges | Anand Vasant Nirgude and V. L. Achliya, JJ. |
| Issue | Bombay Public Trusts Act, 1950 - Sections 34, 36; Constitution of India - Article 226 |
| Judgement Date | May 06, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
V. L. Achliya, J.
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Rule. Rule is made returnable forthwith. With consent of parties, Petition is heard finally at the stage of admission.
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By the present petition filed under Article 226 of the Constitution of India the petitioner has claimed reliefs as follows:--
"B. Issue a writ of certiorari or any other appropriate writ and or direction and quash and set aside the order dt. 26.08.2011 passed below Exh. 1, order dt. 27.06.2012 passed below Exh. 12 and the order dt. 04.03.2013 passed below Exh. 24 and be further pleased to allow the said applications.
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Issue a writ or certiorari or any other appropriate writ and or direction and call for the record and proceedings of application No. 35/2011, under Section 36 of Bombay Public Trust Act, pending on the file of the Ld. Joint Charity Commissioner, Pune, and on perusal of the same or otherwise quash and set aside the order dt. 24.06.2014 passed below Exh. -45, and be further pleased to open and finalise the tenders as per the notice dt. 30.04.2014 bearing outward No. 1527 to 1532 - Exh. 42 and be further pleased to direct holding of proper enquiry and taking appropriate action in accordance with the law against the trustees of the respondent No. 1 and the valuer."
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Before appreciating the submissions advanced it is necessary to consider the brief facts leads to filing of present petition. The respondent is a public trust duly registered under the provision of the Maharashtra Public Trust Act, 1950 (hereinafter referred to as "said Act"). It owns an agricultural land bearing block No. 2985 at village Sonai, Tq. Newasa, District Ahmednagar admeasuring 7 Hector, 63 R. There exist cattle shed, electric water pump installed in the well situated in said land. In the meeting of Managing Committee of the trust held on 20.08.2004 and 19.02.2005 it was resolved to sale the land for the reasons set out in the resolution passed. Pursuant to the decision the bids were invited by issuing public notice in newspapers. Petitioners have participated in the process and offered the bid of Rs. 1,11,99,999/- (Rupees One Crore Eleven Lakhs Ninety Nine Thousand Nine Hundred Ninety Nine Only). Since the bid of the petitioners was found to be highest the Managing Committee decided to accept the same subject to requisite permission under Section 36 of the said Act. The resolution to this effect was passed in the meeting of the Managing Committee of said trust held on 31.08.2009. Initially the petitioners have paid Rs. 11,00,000/- (Rupees Eleven Lakhs) as earnest amount and later on paid Rs. 25,00,000/- (Rupees Twenty Five Lakhs) to the respondent trust. On 13.05.2010, the respondent trust filed application under section 36 of the said Act before the Joint Charity Commissioner, Pune seeking permission to sale the said land in favour of petitioners. The application was registered as application No. 35/2011. After hearing and perusing an application the Joint Charity Commissioner was pleased to pass an order to call fresh offers in the matter by taking note that offer/bid was invited in 2008 and during the intervening period the prices of the immovable property have increased. The petitioners moved an application to recall the order dated 26.08.2011. However, the Joint Charity Commissioner refused to entertain the request and decided to proceed with the order to call the fresh bids in the matter. Pursuant to the order passed by the Joint Charity Commissioner the notices were published in newspapers inviting tenders/bid in respect of said property. In all five bids were received in response to the notice published in the newspaper which includes the petitioners as one of the bidder. Petitioners submitted their bid alongwith demand draft of Rs. 30 Lakhs as bid amount. The bids so invited were to be opened on 20.05.2014 in presence of the persons who have submitted their offers. However on that date the Joint Charity Commissioner was not available and therefore opening of tender was postponed to 24.06.2014. On 24.06.2014, the...
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