JUDGMENT - DEO B.G., J.:—A question of some importance that is raised in this writ petition is whether the Joint Charity Commissioner can, under section 36(2) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as 'the Act'), revoke the sanction given to a public trust for alienation of its immovable property by a sale deed, after the sale deed is executed pursuant to the sanction granted under section 36(1) of the Act and the property alienated by the trust no longer retains the character of property as that of a public trust. In other words, can the Joint Charity Commissioner invoke the power under section 36(2) of the Act for revoking the sanction after the sanction merges into the sale deed and there remains nothing to be revoked. The facts necessary to understand the controversy involved in this petition may be briefly summarised thus.

2. "Shri Mahadeo Deosthan, Wadali" is a registered Public Trust. The petitioners 2 to 5 and respondent No. 2 are the trustees of the said trust. The trust owned Survey No. 1/1 of village Wadali, Tahsil and district Amravati. The field measured 12 acres and 26 gunthas. An application dated 13-2-1984 was made by the trust before respond

Click Here to Read the rest of this document