1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2155 OF 2009 Santaji Utsahi Mandal, Yeola ... Petitioners V/s. The Joint Charity Commissioner, Nashik Region, Nashik & Ors. ... Respondents Mr. M.M. Sathye for the Petitioners. Mr. A.I. Patel, AGP, for Respondent Nos.1 to 3. CORAM : SMT. NISHITA MHATRE, J. DATED : 7TH JULY, 2009. P.C.: 1. The petitioners are the trustees of the Public Trust known as Santaji Utsahi Mandal, Yeola, which is registered under the Bombay Public Trusts Act, 1950. The petitioners were gifted certain property. The erstwhile owner had a tenant in that property. The tenant continued in the property even after the property was gifted to the petitioners. Although the petitioners made several attempts to evict the tenant, it appears that they were unsuccessful. 2 It was, therefore, decided to sell the property to the tenant. This decision was taken in the Annual General Body Meeting on 5th March, 1998 under Resolution No.5. An amount of Rs.75,000/- was received from the tenant after an agreement to sell was entered into between the parties on 21st September, 1998. The petitioners agreed to sell the property for a total consideration of Rs.1,01,000/-. 2. It appears that the petitioners preferred an application under Section 36(1)(a) of the Bombay Public Trusts Act for sale of the said property only in 2002. That application has been dismissed by the Joint Charity Commissioner on the ground that the petitioners had not shown their bonafides. The Joint Charity Commissioner has held that, had the petitioners been serious about their request to sell the property, they would have filed an application under Section 36 of the Bombay Public Trusts Act in 1998 itself, rather than waiting for a period of four years. 3 The Joint Charity Commissioner has then observed that the petitioners had mentioned that the sale of this property to the tenant would facilitate in developing the plot which they had acquired just next to their existing office. However, the Joint Charity Commissioner has observed that the petitioners had not identified the plot, nor had they produced any material on record to indicate how the sale proceeds were to be utilized for the benefit of the Trust. 3. A perusal of an application filed on 10th September, 2008 by the petitioners indicates that they had in fact identified Survey No.2527 which was next to their existing office for development of that plot. In fact this plot had been purchased consequent upon permission being granted by the Joint Charity Commissioner in 2004 itself. It appears, however, that while passing the impugned order, the Joint Charity Commissioner has ignored this application dated 10th September, 2008. 4 4. In my view, therefore, the impugned order must be set aside and the matter must be remanded to the Joint Charity Commissioner for hearing it afresh. 5. Accordingly, the impugned order dated 5th November, 2008 is set aside. The Joint Charity Commissioner, Nasik Division, Nasik, shall hear Application No.10 of 2004, filed under Section 36(1)(a) of the Bombay Public Trusts Act, afresh. While doing so, the Joint Charity Commissioner shall consider the material on record including the Application dated 10th September, 2008 filed by the Trust. The Trust may also produce any other material to justify their Application No.10 of 2004. 6. The Application shall be disposed of within a period of twelve weeks from today. The petitioners to appear before the Joint Charity Commissioner on 20th July, 2009. 5 7. The Writ Petition is disposed of. 8. Parties to act on authenticated copy of this order. .......