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2007 Supreme(Guj) 589

D.A.MEHTA
KACHHIYA PATIDAR SAMAJ – Appellant
Versus
JOINT CHARITY COMMISSIONER – Respondent


Advocates Appeared: VISHWAS.K.SHAH

( 1 ) THIS petition has been filed by a Charitable Trust seeking a writ to quash and set aside order dated 22. 01. 2007 made by the Joint Charity Commissioner, Surat in Application No. 36/30/2005 and order dated 06. 08. 2007 made by Gujarat Revenue Tribunal in Appeal TEN:as No. 1 of 2007 whereunder the order made by the Joint Charity Commissioner has been confirmed by the Tribunal.

( 2 ) THE petitioner-Trust is in possession of land bearing City Survey Nos. 2180 and 2181 at Bardoli on and from 03. 06. 1996. It is also an accepted fact that on the date of purchase of the said land, namely, 03. 06. 1996, a building was already in existence on the said land. It is further stated by the petitioner-Trust that in 2005 there was oral discussion with local land developer Mr. Hemant Joshi of M/s. Soham Developers for development of land belonging to the petitioner-Trust. In Paragraph No. 5. 6 of the petition it is stated that an oral scheme was formulated with the five conditions stated therein:

"5. 6 Petitioner has no funds for new building constructions, therefore oral scheme was formulated that: for and on behalf of the Petitioner, building construction permission obtains from the Bardol















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