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2020 Supreme(Bom) 1116

R.B.DEO
New Vrindavan Magas Vargiya Sahakari Grihanirman Sanstha Maryadit, Harsool – Appellant
Versus
Ram Mandir (Math), Aurangabad – Respondent


Advocates Appeared:
For the Appellant : K.D. Bade Patil, V.D. Salunke and A.M. Karad
For the Respondent: S.S. Bora and S.K. Tambe, A.G.P.

ORDER :

R.B. Deo, J.

1. These petitions involve common facts and questions of law and are, therefore, heard and decided by this common judgment.

2. These petitions are preferred challenging the common judgment dated 20.10.1994, rendered by the Joint Charity Commissioner, Aurangabad, in Application No. 05 of 1993, whereby and whereunder, while according sanction under Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 (for short, "the Act") to sell the land admeasuring 16 acres 2 gunthas from out of S. No. 124 and land admeasuring 17 acres and 37 gunthas from out of S. No. 125, situate at Harsool, Aurangabad, owned by Respondent No. 1-Trust, the Joint Charity Commissioner enhanced the sale consideration to Rs. 10 lakhs per acre. The petitioners herein are the successful bidders who participated in the tender process conducted by Respondent No. 1 -Trust and whose bids were between Rs. 11.50 to Rs. 17.25 per square feet, which approximately corresponds to Rs. 5,00,940/- to Rs. 7,51,410/-, per acre.

3. The facts are broadly admitted or incontrovertible.

4. The Respondent No. 1 is a Public Trust registered under the provisions of the Act. Respondent No. 1-Trust is the owner and is i

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