vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3239 OF 2009 WRIT PETITION NO.3239 OF 2009 WRIT PETITION NO.3239 OF 2009 Ashurkhana Kavit Masjid Trust ... Petitioner V/s. The Joint Charity Commissioner & Ors. ... Respondents Mr.I.M. Khairdi for Petitioner Mr.P.P. Kakade, AGP, for Respondents CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: APRIL 16, 2009 APRIL 16, 2009 APRIL 16, 2009 P.C.: P.C.: P.C.: . The petitioner is aggrieved by the order dated 28.1.2009 rejecting the application filed by the Trust for alienating the Trust property. According to the Petitioner, it was necessary to sell a part of the Trust property since it was not possible to hold certain festivals and carry out religious rites especially during Moharrum in the area available. The petitioner also desires to purchase new property so that all the rituals which were required to be performed during the Moharrum could be observed in that new property. 2. The Joint Charity Commissioner, Latur has rejected the application filed u/s 36 on the ground that the bids which were offered pursuant to the public notice did not rise above Rs.495,000/-, whereas the market price noted in the valuation report issued by the : 2 : Sub Registrar Solapur indicated that the Trust property which was to be alienated was worth Rs.533,940/-. 3. After the impugned order was passed, the petitioner has found a purchaser who would be read and willing to pay Rs.535,000/- for that property. However, it is contended that unless the impugned order is set aside no further application can be made by the petitioner for Joint Charity Commissioner to consider for alienating the property in favour of the person offering Rs.535,000/-. 4. Significantly, the person offering Rs.535,000/- is the same person who had earlier offered Rs.495,000/-. 5. In view of the circumstances of the present case, the impugned order is set aside. The petitioner is at liberty to make an appropriate application before the Charity Commissioner for alienating the property in favour of the person offering Rs.535,000/-. That application will be decided by the Charity Commissioner in accordance with law. 6. Writ petition is disposed of accordingly.