Shreehari Satsang Samiti Mumbai vs The Joint Commissioner And Ors
2022 Latest Caselaw 6901 Bom

                                                                            8. WP 4041-21.odt



         Digitally
         signed by
         NIKITA
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NIKITA
YOGESH
         YOGESH
         GADGIL                        CIVIL APPELLATE JURISDICTION
GADGIL   Date:
         2022.07.19
         18:32:49

                                        WRIT PETITION NO. 4041 OF 2021
         +0530




                      Shreehari Satsang Samiti, Mumbai                .. Petitioner
                        V/s
                      The Joint Commissioner & Ors.                    .. Respondents

                                                   *******
                      Ms. Eventa A.Gonsalves with Mr. Reyden L. Gonsalves for
                      Petitioner.
                      Mr. P.P. Pujari,AGP for State-Respondents No. 1 and 2.
                      Ms. Namrata Shenoy for Respondents No. 3 and 4.
                                                   *******

                                                  CORAM: ABHAY AHUJA, J.

DATE : 19th JULY, 2022

P.C. :-

1. By this Petition, Petitioner-Trust is aggrieved by the

judgment dated 17th December, 2019 under Section 36(1)(a) of

the Maharashtra Public Trust Act, 1950, whereby the Charity

Commissioner has rejected the permission to sell the property.

2. Ms. Gonsalves, learned counsel for the Petitioner submits

that despite the valuation report valuing the property at Rs.

2.54 Crs. and despite the MOU for sale of the property to

Respondent No. 1 at Rs. 2.95 Crs. and despite Rs.1.95 Crs.

already having been paid by the Petitioner-Trust to the

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8. WP 4041-21.odt

Respondent No. 3, the application for permission for sale of the

property has been rejected.

3. In this view of the matter, issue notice to the Respondents,

returnable on 2nd August, 2022. Mr. Pujari, learned AGP waives

service of notice on behalf of Respondents No. 1 and 2 and Ms.

Shenoy waives service of notice on behalf of Respondents No. 3

and 4. Let the reply be filed before the next date.

4. List the matter on 2nd August, 2022.

                                           (ABHAY AHUJA, J.)




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