- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2357 OF 2010 Pooja Realtors .. Petitioner Vs. Jt.Charity Commissioner & Ors. ..Respondents Mr. Y. S. Jahagirdar, Sr. counsel with Mr. A. S. Desai, for the Petitioner. Mr. S. D. Rayrikar, AGP for Respondent Nos. 1 & 4. Mr. Rajiv Patil i/b Sameer Singh for Respondent No.2. CORAM : R. C. CHAVAN, J. DATED : APRIL 26, 2010. P.C. : 1. This petition is directed against the order passed by the learned Jt. Charity Commissioner, Mumbai granting permission to the respondent No. 2 Trust to sale property to respondent No.3. Respondent No.2 had put its property to sale after obtaining quotations. It had accepted the highest quotation of the petitioner. It was represented before the Trust that the petitioner was in a financial difficulty and not in a position to complete the deal and therefore, respondent No.3 came on scene. The Trust passed a resolution in favour of respondent No.3 and - 2 - sought permission from the Charity Commissioner for sale of property to respondent No.3. It is case of the petitioner that he was never in financial difficulty and had never assigned his rights to respondent No.3. 2. The learned counsel for the petitioner submits that the petitioner could have had the recourse to provisions of sub-section (2) of Section 36 of the Bombay Public Trusts Act, 1950 by applying for revocation of permission, on the ground that it was obtained by fraud. However, looking to the urgency, the petitioner rushed to this Court on 25th March, 2010. On behalf of respondent No.3, a prospective purchaser, a statement was made made that he would maintain the status-quo. In view of this, leaving liberty to the petitioner to approach the Charity Commissioner, under sub-section (2) of Section 36 of the Bombay Public Trust Act, the petition is allowed to be withdrawn and disposed of as such. The interim order dated 25th March, 2010 shall continue for a period of two weeks to enable the petitioner to approach the Charity Commissioner. Sd/- [R. C. CHAVAN, J.]