JUDGMENT :

(Aniruddha P. Mayee, J.)

The present Special Civil Application is filed praying for the following reliefs:-

“12(A) The Hon’ble Court be pleased to issue a writ of mandamus/certiorari or writ in the nature of mandamus/ certiorari or any other appropriate writ, order or direction and be pleased to quash and set aside the impugned order dated 03.04.2020 passed by the Respondent No.3 in LAND/R.T.S./DISPUTE CASE No.2/2020 (Annexure-A), in the interest of justice;

(B) Pending the hearing and final disposal of this petition the Hon’ble Court be pleased to stay the implementation, operation and execution of the impugned order dated 03.04.2020 passed by the Respondent No.3 in LAND/R.T.S./DISPUTE CASE No.2/2020 (Annexure-A);

(C) Pending the hearing and final disposal of this petition the Hon’ble Court be pleased to direct the Respondent No.3 to record and certify the Mutation Entry No.4206 dated 09.01.20 recording the sale of the subject lands in favor of the petitioner by registered sale deed No.42/2020 executed on 09.01.20 by the respondent No.9 trust;

(D) The Hon’ble Court be pleased to impose exemplary costs upon Respondent No.3 for having deliberately exceeded in his jurisdiction while passing the impugned order dated 03.04.20;

(E) The Hon’ble Court be pleased to direct the respondent no.1 to hold inquiry into the functioning of the respondent no.4 as Mamlatdar of Taluka Saraswati, District Patan and if it is found that the said respondent no.4 has committed any misconduct then be pleased to hold departmental inquiry against him and be further pleased to direct the respondent no.1 to place a report in this regard before this Hon’ble Court.”

2. The facts in the nutshell are as follows:-

2.1 That since 1953-54, the lands bearing Survey Nos.1118 (Old Survey No.159) measuring 2,030 sq. mts., Survey No.1119 (Old Survey No.159) measuring 10,313 sq. mts., Survey No.1120 (Old Survey No.372) measuring 10,892 sq. mts. and Survey No.1121 (Old Survey No.372) measuring 1,743 sq. mts. of village: Jangral, Taluka Saraswati, District Patan [“the said lands” for short] were owned by Shree Paleshwar Mahadev Sansthan Jangral Trust [“ the Trust” for short]. That the said lands were also recorded in the PTR of the said Trust. That on 3.12.1964, vide mutation entry No.923, the name of the respondent No.9 Trust came to be recorded in the revenue records as the owner and occupier of the said lands. That since then in the revenue records, the said lands have been continuously shown to be owned and occupied by the said Trust. That in the year 2019, since the respondent No.9 Trust was in financial need for the maintenance of the Paleshwar Mahadev Temple, it filed an application being Application No.36/12/2019 before the learned Joint Charity Commissioner, Mahesana seeking permission under Section 36 of the Gujarat Public Charity Trust Act , 1950 [“ the Act” for short] for selling the said lands. That the learned Joint Charity Commissioner gave permission for selling the said lands at an upset price which was determined at Rs.42,00,000/-. That a public notice was also published inviting the bids for sale of the said lands. That the respondent No.6 in the capacity as an erstwhile owner of the said lands filed objections against the application for permission to sell the lands before the learned Joint Charity Commissioner, Mahesana. That on 24.10.2019, public auction came to be held in respect of the said lands and the petitioner herein gave the highest bid of Rs.45,00,000/-. That on 27.10.2019, the trustees of the respondent No.9 Trust resolved to accept the hi