-: 1 :- WP-4481/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4481 OF 2010 Aditya Enterprises. ..Petitioner. Versus Jaysinh V. Mariwalal & Others. ..Respondents. Mr. A. A. Joshi i/b Mr. V. N. Tayade for the petitioner. Mr. Nirav Jani i/b M/s Hariani & Co., for respondent no.1. Mr. Rajesh S. Mararoor i/b M/s. Mararoor Wamorkar and Co., for respondent no.2. Mr. R. M. Patne, AGP for respondent no.3. Coram : R. V. MORE, J. Date : August 18, 2010. P. C. : 1. Heard learned counsel for the respective parties. The petition arises out of proceeding under section 36(1)(a) of the Bombay Public Trust Act, 1950 [for short “the Act”]. By the impugned order, respondent no.3 allowed the application of respondent no.1 thereby granting sanction under section 36(1)(a) of the Act to respondent no.1 to sell the property in question in favour of respondent no.2. 2. The grievance of the petitioner is that despite of the fact that he appeared in the said proceedings and had given an offer of Rs.60 lacs, respondent no.3 in the absence of petitioner, accepted the transaction srp -: 2 :- WP-4481/10 between respondent nos.1 & 2 for an amount of Rs.50 lacs. The petitioners pursuant to the order passed by this Court on 1st July 2010, to show his bonafides, has deposited an amount of Rs.60 lacs in this Court. Mr. Joshi, learned counsel for the petitioner submitted that the petitioner is ready and willing to accept the property of respondent no.1 on the same terms and conditions on which it is offered to respondent no.2. In the above circumstances, learned counsel for the respective parties agree to go back before respondent no.3 for afresh consideration of the matter. In view of the concessions given by learned counsel for the respective parties, writ petition is disposed of by passing following order. -: O R D E R :- (1) The impugned order is quashed and set aside. Matter is remanded back to respondent no.3 to decide respondent no.1’s application under section 36(1)(a) of the Act, afresh after giving an opportunity to the petitioner and respondent no.2. (2) Parties are entitled to raise their offers. (3) Respondent no.3 shall decide the said application as expeditiously as possible and preferably within the period of three months from the date of receipt of a copy of this order. (4) Registry is directed to transfer the amount of Rs.60 lacs deposited by the petitioners in this Court, to the office of respondent no.3. -: 3 :- WP-4481/10 Respondent no.3 shall deposit the said amount in the fixed deposit in nationalised bank till the decision on the aforesaid application of respondent no.1. Respondent no.3 shall refund the said amount alongwith interest accrued thereon, to the petitioner in case sanction is not granted in his favour. (R.V. MORE, J.)