A party must timely invoke statutory remedies to maintain standing in legal challenges; failure to do so results in loss of rights.

ORDER :

(Sunita Agarwal, CJ.) :

1. There is no objection to the delay in filing the appeal. The delay has been explained to the satisfaction of the Court. Delay Condonation Application is allowed. Delay in filing the appeal is hereby condoned. Office is directed to allot regular number to the appeal.

2. Heard learned counsels for the parties and perused the record.

3. The instant Letters Patent Appeal is directed against the judgment and order dated 11.01.2024 passed by the learned Single Judge in the writ petition wherein, following reliefs have been prayed for:

“A) YOUR LORDSHIP be pleased to admit and allow this petition and be further pleased to issue writ of certiorari or any other writ, order or direction in the nature of certiorari and be pleased to quash and set aside the impugned order dated 19.12.2017 passed by the Id. Gujarat Revenue Tribunal, Ahmedabad in Appeal No. AA/46/97 as well as Order dated 10.09.1997 passed by the Charity Commissioner in Application No. 36/72/96.

(B) During the pendency and till final disposal of this petition, YOUR LORDSHIP be pleased to stay the operation of order dated 19.12.2017 passed by the Id. Gujarat Revenue Tribunal, Ahmedabad in Appeal No. AA/46/97 as well as Order dated 10.09.1997 passed by the Charity Commissioner in Application No. 36/72/96. (C) YOUR LORDHSIP be pleased to grant any other further remedy that may deem fit in the eyes of justice, equity and good conscience."

4. By way of the draft amendments, the original petitioner namely the appellant herein had also sought for addition of certain reliefs, which may be noted hereinunder;

“9A(1) YOUR LORDSHIPS may Se pleased to pass appropriate writ, order and/or direction, quashing and setting aside the order dated 30.03.2007 passed by Respondent no. 3 in Application No. 36/Parchuran/1/2007 (Annexure F), in the interest of justice;

9B(1) Pending admission, hearing and till final disposal of present petition, YOUR LORDSHIPS may be pleased to stay operation, execution and implementation of impugned order dated 30.03.2007 passed by Respondent no. 3 in Application No. 36/Parchuran/1/2007 (Annexure F), and further be pleased to direct the parties to maintain status-quo with respect to the property in question, in the interest of justice;"

5. It is an admitted fact of the matter that the original petitioner was only a bidder, who had submitted the bid, in a public advertisement dated 19.12.1996, which was issued from the Office of the Charity Commissioner, Ahmedabad on an application moved by the Respondent No.4 – Trust under Section 36 of the Gujarat Public Trust Act, 1950.

6. It is noted by the learned Single Judge that an undisputed fact is that the bid in favour of the Respondent No.5 was accepted by the Charity Commissioner vide Order dated 10.09.1997, while rejecting the objections of other parties, granting six months’ time to complete the sale.

7. The petitioner herein, who was the prospective bidder did not file any objection nor had challenged the Order dated 10.09.1997 passed by the Charity Commissioner in accepting bid in favour of the Respondent No.5.

8. It seems that some other bidders had challenged the order dated 10.09.1997 by filing the Appeal No.46 of 1997 under Section 36 of the Gujarat Public Trust Act, 1950 wherein an interim order was passed in favour of the Respondent No.2, which came to be vacated by the Order dated 23.03.2000. The order of vacation of interim order dated 23.03.2000 had attained finality as it was not challenged further. Finally, the appeal had been rejected vide Order dated 19.12.2017. After vacation of the interim order, it seems that permission was granted by the Order dated 30.03.2007 for completing the sale by extending the time limit for the further period of six months, which was originally granted in the Order dated 10.09.1997.

9. Be that as it may, the order of dismissal of appeal filed by other bidders dated 19.12.2017 was challenged in the Special Civil Application No. 3944 of 2018 whe