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2022 Supreme(Guj) 449

A.P.THAKER
Akshar Associates – Appellant
Versus
Special secretary revenue deptt. Appeals – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Bhatt, Senior Advocate with Vijay H Patel
For the Respondent: Mr Nikunj Kanara, AGP.

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

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