( 1 ) THE Zapli Khadni Dana Nakhwani Chaklani Parabadi Trust (hereinafter referred as the trust) is a registered Charitable Public Trust, registered under the Bombay public Trust Act, 1950 (hereinafter referred as the Act ). The trust is the owner and occupier of land bearing Survey No. 165814, measuring A. O. 33gs situated in the sim of town Bawla of Dholkn Taluka, District Ahmedabad.

( 2 ) THE respondent No. 4 Chorapa Bawalia Patel Panch is an association of persons.

( 3 ) THE respondents Nos. 1, 2 and 3 are the trustees of the trust. The trustees of the trust have decided to transfer the aforesaid land of the trust on leasehold basis to augment the income of the trust. The respondents Nos. 1 to 3 published an advertisement in daily news paper " SANDESH" to lease out this land on lease for 50 years by public auction. To get a fair and reasonable price the trustees adopted this mode for transfer of land by lease. The auction was held on 29-6-1992, as (per) notice in the advertisement referred above. In this auction many of the bidders, including the petitioner No. 2 and respondent No. 4 in this petition had participated. The bid of the petitioner No. 2 was of Rs. 12001. 00 per year, whereas the bid of the respondent No. 4 was of Rs. 1250. 00 per year. As the bid of the respondent No. 4 was the highest the same was accepted by the trustees of the trust. The respondents Nos. 1 to 3 applied to the Charity Commissioner under 36 of the Act 1950 for sanction of the lease of the land of the trust in favour of the respondent No. 6. The Charity Commissioner vide its order dated 25-8-1992 accorded necessary sanction to this lease, as required under Section 36 of the Act 1950.

( 4 ) THE Charity Commissioner in its order dated 25-8-1992 further directed to the respondents that necessary lease deed be executed and be got registered with time period as stipulated in this order. From the record of this case it comes out that the respondents Nos. 1 to 3 have given the possession of the land in question to the respondent No. 4 and the respondent No. 4 has raised construction on the land. The learned counsel for the respondent No. 4, during the course of his arguments made a statement at Bar that a community Hall has been constructed by the respondent No. 4 on the land in question for public utility. The counsel for the respondent No. 4 has also brought for the perusal of this Court the colour photographs of the construction made by the respondent No. 4 on this land in question. The counsel for the petitioners have not controverted the statements made by the counsel for the respondent No. 4 at bar before this court referred above. Far one or other, reason as the necessary lease deed could not be executed and registered with the period as "ordered by the Charity Commissioner, the respondents Nos. 1 to 3 on 23-2-1993. Moved an application before Charity Commissioner for extension of time to execute lease deed and get it registered. This application of the trust was allowed by the Charity Commissioner under its order dated 3-3-1994 and the period of executing lease deed and registration thereof was extended up to 31-3-1994. Though the petitioners filed this writ petition before this court on 7-3-1994 but the order dated 3-3-1994 of the Charity Commissioner was not challenged therein nor the copy of this order filed along with the writ petition.

( 5 ) THIS writ petition has come up for admission in the Court on 8-3-1991 and this Court passed orders, Amendment granted, Notice returnable on 17-3-94. Statute 940 as on to day to be maintained till then D. S.

( 6 ) IN the record of this case I do not find any application for amendment of the writ petition filed on or before 8-3-1994. The amendment as ordered in the order dated 8-3-1994 would have been granted on oral request of the learned counsel for the petitioners.

( 7 ) ON 10-1-1995 the petitioners filed an application, captioned Proposed Draft Amendment, for amendment of the writ