The revenue authorities cannot decide the title of the property and must exercise their powers within a reasonable period of time.

JUDGMENT :

1. By filing this petition, the petitioner has prayed to quash and set aside order dated 2.12.2015 passed by respondent no.1 bearing reference No.MVV/HKP/VDD/29/2015 and further played to quash and set aside order dated 12.2.2015 passed by respondent no.2 in RTS/Suo-Motu/Revision/Case No.17 of 2013.

2. As per the facts of the case, the Trust was original owner of the subject land and considering the financial difficulties, it was decided unanimously by Trustees of the Trust to make an application before the office of Hon'ble Charity Commissioner, Vadodara, to seek necessary permission for selling the subject land so as to generate finances and to utilize the same for betterment of the Trust Properties. Accordingly, the Trustees filed an application under Section 36 of the Trust Act bearing No. 36/38/2005 dated 24% October, 2005 before the office of Hon'ble Charity Commissioner, Vadodara, for seeking reliefs as more particularly prayed therein. In furtherance of the aforesaid application and on 28th January, 2009, the office Hon'ble Charity Commissioner, Vadodara was pleased to direct the Trust to give public advertisement inter alia inviting offers from public at large for purchasing the subject land. It is submitted that the reserve price for subject land was fixed at Rs.30,00,000/- (Rupees Thirty Lakhs Only) and the public at large was called upon give their objections/offer on or before 26th February, 2009. It is stated that the aforesaid public notice was also published in Gujarat Samachar on 30th January, 2009.

2.1 It is stated that after publication of public notice, no objections came forward and in all 7 (seven) offers were received by the office of Hon'ble Charity Commissioner for purchasing the subject land. It is submitted that out of 7 (seven) offers received, a few were rejected by the office Charity Commissioner, Vadodara, considering that the same were in violation of the terms and conditions of public notice. From the remaining offers, bidding process was conducted and respondent No.3 was declared as highest bidder with an offer of Rs. 1,00,00,000/- (Rupees One Crore Only). It is stated that vide an order dated 18" April, 2009, the office of Hon'ble Charity Commissioner, Vadodara, was pleased to accept the offer of Respondent No. 3 and was further pleased to direct him to abide by the directions/conditions given under the said order.

2.2 Pursuant to order dated 18" April, 2009, respondent No. 3 complied with all the directions/conditions mentioned therein and accordingly, vide a registered Sale Deed bearing No. 7596 dated 24th August, 2009, Trustees of the Trust transferred/sold the subject land in favor of Respondent No. 3. It is stated that after the registered transfer, name of Respondent No. 3 was mutated in the revenue records vide Mutation Entry No. 1949 on 26th August, 2009.

2.3 It is stated that the subject land being old tenure agricultural land, Respondent No. 3 applied before Respondent No. 2 inter alia seeking to use the same for non-agricultural usage on 18th May, 2010. It is stated that after inviting the details from all concerned departments and considering the matter from all aspects, vide an order dated 25th November, 2010, Respondent No. 2 was pleased to allow said application of Respondent No. 3 and was further pleased to permit usage of subject land for non-agriculture activities subject to conditions mentioned therein. In furtherance to above, respondent No. 3 also applied before the Town Development Department, Municipal Corporation, Vadodara, inter alia seeking development permission of the subject land. It is further stated that on 19th March, 2011, concerned authority was pleased to grant development permission to Respondent No.3. It is stated that along with the development permission, the Deputy Town Development Officer, Vadodara, was also pleased to sanction the plan submitted by Respondent No. 3. The petitioner states that after N.A. order passed by respondent No. 2, necessar