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1996 Supreme(Guj) 122

R.BALIA
Prithvi Builders – Appellant
Versus
Manekchowk Khoda Dhor Panjarapole sanstha through Trustees – Respondent


Advocates Appeared: J.A.ADESHARA, M.I.MARCHANT

RAJESH BALIA, J.

( 1 ) HEARD learned Counsel.

( 2 ) THE petitioner challenges the order of the Gujarat Revenue Tribunal dated 26-2- 96 by which it has affirmed the order of the charity Commissioner accepting the bid offered by respondent No. 2-M/s. Vyapti builders for the three properties belonging to respondent No. 1 on the ground that the charity Commissioner has acted arbitrarily in the background of the present case in accepting the bid of M/s Vyapti Builders, which is lower than the petitioners bid by about Rs. 90,000/-, for no reason.

( 3 ) THE background in which this dispute has arisen is that on 27-4-92 the respondent no. 1 -Trust advertised for the sale of three properties in question under the directions of the Charity Commissioner. The petitioner made its offer in pursuant thereof. Amongst the bidders petitioners bid was highest, i. e. Rs. 23,20,003/ -. The Trust recommended the acceptance of the bid to the Charity Commissioner and decided to return the earnest money deposited by other tenderers. However, for some reason or another the bid of the petitioner did not come to be affirmed by the Charity Commissioner. Meanwhile on 29-6-95 the General Manager of the responden










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