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2021 Supreme(Guj) 94

VINEET KOTHARI, GITA GOPI
MANUBHAI BHANUBHAI GAJERA – Appellant
Versus
GUJARAT REVENUE TRIBUNAL – Respondent


Advocates Appeared:
For the Appellant :MR DHAVAL DAVE, SR. ADVOCATE WITH MR ARPIT A. KAPADIA
For the Respondent:MR UTKARSH SHARMA, ASST. GOVERNMENT PLEADER, MR R.R. MARSHALL, SR. ADVOCATE WITH MR. S.K. PATEL, MR. AKASH R PATEL, MR. ASIM PANDYA, SR. ADVOCATE WITH MR. MANAN BHATT

JUDGMENT :

VINEET KOTHARI, J.

1. This intra-Court appeal by Appellants-Petitioners, Manubhai Bhanubhai Gajera and Mohanbhai Veljibhai Tank, now represented by his Legal Heirs, is directed against the order dated 03.12.2014 of the learned Single Judge, by which the challenge laid by the Petitioners to the order of the learned Charity Commissioner, Surat dated 21.08.2009 in Application No.36/42/2005, which order was confirmed by the Gujarat Revenue Tribunal vide its order dated 25.01.2011 in Appeal Nos.7 and 9 of 2009, was rejected.

2. The learned Charity Commissioner permitted the sale of the Trust property in question by public auction by the Trust known as “Bai Pirojsha Maneklal Patel Singanporwala English High School for Girls Trust”, a Public Charitable Trust, which property was vested in Surat Parsi Panchayat, a Trust registered under the Bombay Public Trusts Act. The sale in question was made in favour of the Respondent No.4, Mr. R.D. Chaudhary, for a open bid sum of Rs.2.72 Crores, as against the Upset Price of Rs.1,02,11,033/-.

3. The present Appellants-Petitioners claimed to be the Agreement Holders under the Agreement to Sell allegedly executed in their favour by the Tenant of

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