IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2466 of 2007 (M/S) Shri Sanwal Shah Trust and others ….. Petitioners Versus Public at large ….. Respondents ……. Mr. V.K.Kohli, Senior Counsel with Mr. T.C.Pande, Advocate for the petitioners. Hon’ble V.K. Gupta, C. J. On 13.12.2007, notice was ordered to be published in a daily Newspaper. On 26.09.2008, the Court noticed and observed that the publication effected was not in accordance with law and directed a fresh publication of notice in accordance with the observations contained in that order. The fresh notice has been published, which I have perused and feel satisfied that it meets the requirements of law. The petitioner Trust has the total land measuring 19718 sq. ft. Out of this land, the permission was sought to sell 3360 sq. ft. in ‘A’ and ‘B’ portions situated towards Sandesh Nagar Colony. The ground for sale is that the Trust has no money for construction of Old Age Home and by selling the aforesaid piece of land, the sale proceeds shall be utilized for construction of the Old Age Home. No one has come up to oppose the aforesaid prayer of the petitioners. I have perused the impugned order passed by the learned District Judge dated 10.07.2007. The order suffers from an error apparent on its very face inasmuch as it mentions that the entire piece of the land measuring 19718 sq. ft. is sought to be sold, whereas the fact is that the petitioners want to sell only 3360 sq. ft. of land. After hearing Mr. V.K.Kohli, learned Senior Counsel appearing for the petitioners and on perusal of the record. I feel satisfied that a genuine need has arisen for selling the land in question because the amount of sale proceeds shall be properly utilized and appropriated for construction of Old Age Home. The land left out shall be sufficient for the Old Age Home. This petition is allowed. The impugned order is set aside. The petitioners are permitted to sell 3360 sq. ft. of the land, description whereof is contained in the application (copy filed as Annexure 4 to the this Petition). The petitioners are directed to ensure that the amount of sale proceeds is appropriated only for the construction of the Old Age Home and for no other purpose. (V. K. Gupta, C. J.) 06.11.2008 A