1. The short facts of the case appears to be that the respondent No.2 is a charitable trust who is holding the land bearing Survey No.319, which was earlier admeasuring 2 Acre 4 Guntha but now given Final Plot No.14 admeasuring 6834 sq. mtrs. situated at Town Planning Scheme No.3, Katargam at Surat. The respondent No.2 Trust filed an application dated 26.06.2002 under Section 36 of the Bombay Public Trusts Act for sale of 60% of the land admeasuring 4100.40sq. Mtrs. The said application was submitted before the Charity Commissioner. It appears that the paper advertisements were given and offers were invited. Ultimately, the Charity Commissioner vide order dated 07.01.2004, granted permission to the respondent No.2 Trust for disposal of the land by accepting the offer of the petitioner for the sale consideration of Rs.2,71,00,000/-. The respondent No.4 claiming as the benefeciary of the Trust preferred appeal before the Tribunal being Appeal No.13/04. The Tribunal after hearing both the sides, found that whether the land vest to the Trust or to the Panchayat is not clear and it also found that there is no proper examination by the Charity Commissioner on the aspects of nece