Chandrakant Girdharlal Adatiya v. The Joint Charity Commissioner, Amravati Region, Amravati

Order 0112wp7448.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

/20 .

Chandrakant Girdharlal Adatiya -VERSUSThe Joint Charity Commissioner, Amravati. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri A.J. Gilda, Advocate for the Petitioner. Ms.M.A. Barabde, A.G.P. for the Respondent.

CORAM : VINAY JOSHI, J.

DATE : DECEMBER 01 , 2022 .

Heard.

2.

By this petition the petitioner raises a challenge to the orders passed by the Joint Charity Commissioner, Amravati under Section 36[1][A] of the Maharashtra Public Trust Act (for short "the Public Trust Act"), declining to grant permission to sell the trust property.

3.

The learned Counsel for the petitioner has submitted that the Trust has filed an application seeking permission to sale, in the year Rgd.

Order 0112wp7448.22 2017, and now due to passage of time the scenario has changed. More particularly, it is submitted that now the Trust is receiving offers to purchase the entire property and thus, the matter requires fresh consideration. In view of that, petitioner seeks permission to withdraw the petition with liberty to file fresh application for adjudication. 4.

In view of above statement, writ petition is disposed of as withdrawn. The petitioner is permitted to file a fresh application seeking permission in terms of Section 36[1][A] of the Public Trust Act. If such an application is filed, the learned Joint Charity Commissioner shall decide the said application on its own merits, uninfluenced by the order impugned herein, and by considering the grounds raised in the said application.

JUDGE Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur Rgd.