JUDGMENT: - These two writ petitions are challenging the common order passed by the Charity Commissioner, Pune dated 19 - 4 - 2005 refusing to grant permission under Section 36 of the Bombay Public Trusts Act, 1950 to the petitioners far the sale of the trust property. Since bath the writ petitions are arising out of a common order, bath of them are disposed of together by this common judgment.

2. Same of the material facts in Writ Petition 3965 of 2005 are briefly enumerated as under.

3. The petitioner trust is a public trust registered under the provisions of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the said Act) bearing PTR No.B189 (ANR). Petitioner Nas.2 to 6 are trustees of the petitioner no.1 trust. The trust awns land bearing survey nas.20, 21, 22 and 23 admeasuring 15 hectars and 29 Ares situated at Savedi, Ahmednagar. The said land is situated in the heart of the city. After the commencement of the trust, same time in or about 1994, an application was made under Section 50 - A(3) of the said Act far modification of the scheme and accordingly the scheme was modified by the authorities thereby the scope and abject of the Trust was changed and s

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