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ARVIND SINGH CHANDEL
Shiv Bhagwan Rameshwar Lal Charitable Trust – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The instant petition has been preferred by the Petitioners under Article 226/227 of the Constitution of India seeking the following reliefs:
1.2 A writ and/or an order in the nature of writ of certiorari do issue quashing the order dated 05.08.2021 passed by Respondent Registrar and in effect allow the application of Petitioners filed under Section 14 of the Act of 1951.
1.3 Cost of the proceedings.
1.4 Any other writs and directions that may be deemed fit and just in the facts and circumstances of the case.
2. According to the pleadings of the Petitioners, Petitioner No. 1 is a Charitable Trust and is the owner of land bearing Khasra No. 107/3 & 108/3 area 0.40 & 0.922 hectares, total area 0.962 hectares, situated at adjacent to J.P. Verma College, Jarhabhata, Bilaspur. The said land is situated on main road and because of its location and recent construction of over bridge etc./widening of road, the boundary wall protecting the said property has been demolished and certain part of the said property
The registrar's refusal to grant permission for trust property sale must be supported by evidence of prejudice to public interest; arbitrary denials are against statutory provisions.
The main legal point established in the judgment is the requirement of the previous sanction of the Registrar for any sale, mortgage, exchange, or gift of immovable property belonging to a public tru....
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 revenue authorities cannot decide the title of the property and must exercise their powers within a reasonable period of time.
The main legal point established in the judgment is the requirement for a person interested in a Public Trust to challenge the finding of the Registrar and the necessity of a notice under Section 80 ....
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....
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