JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.12.2004 passed by the High Court of Bombay in Writ Petition (lodging) No. 2881 of 2004 dismissing the said Writ Petition preferred by the appellant herein (the original writ petitioner), the original writ petitioner JVPD Scheme Welfare Trust (hereinafter referred to as the ‘Trust’) has preferred the present appeal.

2. The facts leading to the present appeal and the case of the appellant herein (the original writ petitioner) in nutshell are as under:

2.1 That the appellant (herein original writ petitioner) claiming to be a Public Charitable Trust registered under the Bombay Public Trust Act applied for the plot in question bearing No. C.T.S. No. 27 (part) and admeasuring 5415 square meters situated at Juhu Vile Parle Development Area in Mumbai and reserved for playground. It was the case on behalf of the Appellant-Trust that the objects of the Trust include development of cultural, social and sports activities and in order to carry on its welfare activities, the Trust applied to the State Government for allotment of the plot in question for a playground. In exercise of powers und