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SANDEEP V. MARNE
Anr Group of Company – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
Sandeep V. Marne, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, taken up for final disposal.
2. By this petition, Petitioner is aggrieved by direction given by the Joint Charity Commissioner on 24 July 2023 directing issuance of public notices for inviting fresh offers in the newspapers for sale of property of Respondent No.2-Trust while deciding Trust's application seeking permission under Section 36 of the Bombay Public Trusts Act, 1950 (Trust Act) for sale of the same to Petitioner. Petition also challenges Notice dated 27 September 2023 issued by the Superintendent in the ofce of the Charity Commissioner inviting offers for sale of the trust property. Petitioner's grievance is that Respondent No.2-Trust has already implemented auction process by publishing advertisement in leading newspapers and that it received multiple offers, in which Petitioner was found to be the highest bidder. That therefore there was no occasion for the Charity Commissioner to once again direct issuance of notice for fresh offers in a casual manner. With this grievance, the Petitioner has fled the present petition.
3. Facts of the case, i
The Charity Commissioner has the authority to invite fresh offers for the sale of trust property, but must provide adequate reasoning for such actions, particularly when a valid bidding process has a....
The main legal point established in the judgment is the necessity for a transparent process in disposing of Trust property and the Charity Commissioner's role in verifying the genuine need for sellin....
The paramount consideration in permitting the alienation of trust property is the interest, benefit, and protection of the Trust, and the transparent utilization of the sale proceeds for the betterme....
The main legal point established in the judgment is the need for objective consideration of the trust's decision to sell property under section 36(1)(a) of the Maharashtra Public Trust Act, 1950, and....
Service Matter1 - It extends to inviting offers from the members of the public and directing the trustees to sell or transfer the trust property to a person whose bid or quotation is the best, having....
The central legal point established is that the Charity Commissioner must determine whether the sale of the trust property is necessary and in the interest of the trust before granting permission und....
The main legal point established in the judgment is the requirement for the respondent to justify and record satisfaction for high valuation based on comparable sale instances and material evidence w....
Trustees must ensure any alienation of trust property is justified by genuine necessity and conducted transparently, safeguarding the trust's interests.
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