1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1429/2010. Jaisagar M. Sancheti and others -: versus :- The State of Maharashtra and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 27, 2010. On 26.03.2010 this Court has issued notice for final disposal. Accordingly, learned A.G.P. has appeared for respondent nos. 1 and 2. He is seeking time to obtain further instructions, however, because of the controversy as I find that no prejudice is caused to respondents, his request is rejected. By the impugned order dated 22.02.2010, the application under Section 36[1][a] of the Bombay Public Trust Act, 1950 moved by petitioners seeking permission to dispose of non-agricultural land has been rejected. The reason given by the Joint Charity Commissioner [respondent no.2] is that the advertisement for sale of that property was not published in the leading newspapers. Shri Sudame, learned counsel for petitioners states that petitioners before this Court are Trustees of the 2 Trust to whom the property belongs and there are no other trustees. The trust has resolved to sell the property and there is no dispute about the decision. He further states that no change report proceedings are also pending and therefore, the present petitioners are having necessary locus to represent the trust. In this background, he urges that the petitioners will publish the advertisement in leading newspapers like 'Lokmat', 'Sakal' and 'Deshonatti' and thereafter shall again move application under Section 36[1] [a] of the Act and that application should be directed to be considered in accordance with law. I find that the property is with the trust and provisions of Section 36[1][a] enables the trust to deal with it in accordance with law. Rejection of their earlier application on grounds mentioned above cannot and does not debar them from moving fresh application. Petitioners are therefore free to publish the advertisement in leading newspapers as mentioned above which has got circulation in that area and also in this part of the State of Maharashtra and thereafter to file fresh application under section 36[1] [a] before respondent no.2. If any such application is filed, respondent no.2 shall consider the same on its own merits uninfluenced by its earlier order dated 22.02.2010. With these directions, Writ Petition is partly allowed. Rule accordingly with no order as to costs. JUDGE Rgd.