ORAL JUDGMENT

The Joint Charity Commissioner, Latur Region, Latur by his order dated 11.11.2008, has rejected application No.04/2008, filed by the petitioner/trust, for grant of sanction under section 36 (1) of the Bombay Public Trust Act, 1950 (hereinafter referred to as "the said Act") to alienate the property in question, on the ground that the petitioner/ trust has failed to establish the genuine need to sell the property. This is the subject matter of challenge in Writ Petition No.5888/2009, filed by the petitioner/trust. By an order dated 23rd January 2009, the Joint Charity Commissioner has rejected the subsequent application No.13/2008, filed by the petitioner/trust, trying to make out a case that the need for alienation of the property is genuine. It has been rejected, on the ground that the second application for the same relief is not maintainable. Hence, this order is the subject matter of challenge in second Writ Petition No.6073/2009, filed by the petitioner/trust.

2. This Court had issued notice before admission on 8th September 2009 in Writ Petition No.5888/2009. In Writ Petition No.6073/2009, notice before admission was issued on 14th September 2009 and it