2022 Supreme(Guj) 474
VAIBHAVI D.NANAVATI
Yashwant Amratlal Thakkar – Appellant
Versus
Charity Commissioner Gujarat State – Respondent
Advocates:
Advocate Appeared:
For the Petitioner: Mr Bharat T Rao
For the Respondent: Mr Ishan Joshi, AGP, Mr Vishal T. Patel
JUDGMENT :
1. The present writ-application is filed under Article 226 of the Constitution of India seeking the following reliefs :-
“(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the public advertisement issued by the respondent no.2 - Trust in 'Navgujarat Samay' daily newspaper dated 21.02.2021, pursuant to the order passed by the Charity Commissioner dated 12.02.2021 in Application No . 36/02/2021, auction is fixed on 05.03.2021, as there is already order passed by the Charity Commissioner in favour of the present petitioner dated 22.10.2019 in Application No. 36/57/2019 which was not fulfilled because of the material suppression of facts by the Trust before the Charity Commissioner and further be pleased to direct the respondent, no.2-Trust to accept the remaining amount of Rs.2,06,00,000/- alongwith accrued interest thereon to show the bona-fide of the present petitioner, for the reasons stated in the memo of the petition and in the interest of justice;
(B) Be pleased to direct the respondent no.2-Trust to execute the sale in favour of the present petitioner, on petitioner deposit
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