Mr. Rajendra Kumar Jhunjhunwala And ORS v. Ld. Jt. Charity Commissioner , Greater Mumbai Region Mumbai
28 WP-2301-21.doc BDP-SPS-TAC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2301 OF 2021 by BHARAT DASHARATH PANDIT Date:
2022.06.25 15:52:36 +0530 Mr Rajendra Kumar Jhunjhunwala (Deleted by court's order dated 23.6.2022) Mr Virendra Kumar Jhunjhunwala and Ors.
....Petitioners.
V/s Ld. Jt. Charity Commissioner Greater Mumbai Region Mumbai .... Respondent.
Mr. S.L. Shah i/b Shah Legal for the Petitioners. Ms. M.S. Bane, AGP for the Respondent.
CORAM: NITIN W. SAMBRE, J.
DATE: JUNE 23, 2022 P.C.:- 1] Counsel for the Petitioners informs that Petitioner No.1-Trustee has expired and as such permission be granted to delete him. 2] Prayer allowed. Deletion be carried out forthwith. 3] Counsel for the Petitioners submits that considering the reasons cited in the order impugned dated 27/1/2020 dismissing the Application No.1004 of 2019 preferred under Section 36(1)(a) of the Maharashtra Public Trusts Act, Petitioners Trustees of Public Trust shall take out fresh public notice, thereby inviting offers from public at 1/2
28 WP-2301-21.doc large in relation to the Trust's property of which they intend to carry out sale.
4] It is assured that notice shall be published in news-papers having highest circulation in Delhi and Mumbai area as property in question can be commercially exploited.
5] In the backdrop of aforesaid submissions of the Counsel for the Petitioners, it will be appropriate in my opinion to quash and set aside the order impugned dated 27/1/2020.
6] Application preferred by the Petitioner being Application No.1004 of 2019 stood restored to the file of the Joint Charity Commissioner. It is directed that Joint Charity Commissioner shall permit the Petitioners to publish fresh advertisement inviting offers in relation to sale of the Trust's property as mentioned in the aforesaid Application under its aegis. Such Application be decided afresh without being influenced by the order which is already quashed. ( NITIN W. SAMBRE, J. ) 2/2