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2014 Supreme(Bom) 906

R.M.SAVANT
Arole Construction Pvt. Ltd. – Appellant
Versus
Shaikh Sadullah Shahabuddin – Respondent


Advocates Appeared:
For the Petitioner:Mohan Pungalia i/by Abhishek Pungalia, Advocates.
For the Respondents:R1, L.S. Gaikwad, R9, Ravi G. Shinde, Advocates, R10, S.D. Rayrikar, AGP.

Judgment

1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India is invoked against the order dated 13/9/2013 passed by the learned Joint Charity Commissioner, Pune Division, Pune by which order the Application No.5 of 2009 filed under Section 36(2) of the Bombay Public Trusts Act (herein after referred to as the said Act) came to be allowed and resultantly the permission granted by the Joint Charity Commissioner under Section 36(1)(b) of the said Act came to be revoked.

3. The facts giving rise to the above Petition can be stated thus :

The property in question which was the subject matter of the permission granted under Section 36(1)(b) of the said Act belongs to the public trust known as Dhakata Shaikh Salla Durgah which was registered as such under the said Act in the year 1952. By the judgment rendered in Appeal No.539 of 1957 the mode of succession of the trustees was prescribed and the father of the Respondent No.2 herein was to be entrusted with the administration and management of the said trust. The property in question is the land































































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