bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7863 OF 2008 PETITION NO. 7863 OF 2008 PETITION NO. 7863 OF 2008 Karamveer Kakasaheb Wagh Education Society ... Petitioner v/s Bhaskar Laxman Jadhav & ors. ... Respondents Mr.P.B.Shah for the petitioner. Mr.R.D.Soni i/by M/s.Ram & Co. for Resp.Nos.1 to 18. Mr.M.M.Sathaye for respondent Nos.19 to 21. Mt.Asif Patel, A.G.P. for Respondent Nos.22 to 24. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 24TH APRIL, 2009 24TH APRIL, 2009 24TH APRIL, 2009 P.C. P.C. P.C.: 1. The petitioner is aggrieved by the order passed by the Joint Charity Commissioner, Nashik Region, Nashik, on 29.11.2008. The application of the petitioner for being permitted to intervene in the matter where the Charity Commissioner was considering the sale of the Trust property in favour of respondent Nos.1 to 18 has been rejected. The petitioner has contended that it was willing to pay a substantially higher amount for purchasing the Trust property which has been put up for auction. Accordingly, when this petition came up for admission, the petitioner was directed to deposit Rs.50 2 lacs which is now invested by this Court in a Nationalised Bank. This amount was substantially higher than the amount offered by respondent Nos.1 to 18. 2. Learned A.G.P. appearing for respondent Nos.22 to 24 submits that, besides the petitioner, the Charity Commissioner has got another offer for a higher price than offered by the petitioner for the Trust property. He, therefore, submits that the matter be remanded to the Charity Commissioer who will then decide in whose favour the sale of the Trust property should be effected, depending on the highest bidder. 3. Accordingly the order of the Charity Commissioner is set aside. The matter is remanded for the Charity Commissioner to decide afresh as to who should the purchaser be for the Trust property. The Charity Commissioner shall consider all bids received pursuant to the advertisement dated 19.2.2007 as also the bids of the petitioner and respondent Nos.1 to 18 herein. 4. In case the petitioner is found to be a successful bidder, the amount of Rs.50 lacs which is invested by this Court in a Nationalised Bank, shall be transferred to the Charity Commissioner’s office. If it is found that the petitioner is not a successful bidder, then the 3 amount of Rs.50 lacs deposited in this Court by the petitioner shall be returned to it. 5. Parties shall attend the office of the Charity Commissioner on 6.5.2009 for further directions. 7. Writ petition disposed of accordingly.