Disposed

Ramchandra Ganpatrao Patil v. the Jt. Charity Commissioner, Amravati

Bombay HC10 Apr 2013WP/131/2013

Case brief

AI extract

What is this about?

The High Court at Nagpur disposed of a writ petition where the petitioner's application to sell trust property was rejected for procedural non-compliance. The court granted an opportunity to file a fresh application after complete formalities.

What did the court decide?

Petitioner granted leave to file a fresh application for sale of trust property after completing all formalities; the impugned order is deemed non-prejudicial.

Ramchandra Ganpatrao Patil Vs the Jt. Charity Commissioner, Amravati — Bombay HC (2013) — LawSathi Research

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wp131-13.order

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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Writ Petition No. 131 of 2013

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Ramchandra Ganpatrao Patil.

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Vs.

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The Joint Charity Commissioner, Amravati Region, Amravati.

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------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mrs. R.D. Raskar, counsel for the petitioner. Shri Khubalkar, A.G.P. for the respondent.

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CORAM : SMT. VASANTI A. NAIK, J. DATE : 10th April, 2013.

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The leaned counsel for the petitioner states, and it is also not disputed by the learned Assistant Govt. Pleader appearing on behalf of the respondent, that the application filed by the petitioner under section 36 of the Bombay Public Trust Act for permission to sell the property was rejected as the petitioner had not followed certain formalities.

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Mrs. Raskar, the learned counsel for the petitioner, states that the petitioner society would seek the permission of the Collector for construction of swimming tank and would thereafter make an appropriate application to the Joint Charity Commissioner for permission to dispose of the trust’s property.

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In view of the statement made by the learned counsel, the writ petition is disposed of with no order as to costs.

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The petitioner is, however, granted an opportunity to make a fresh application to the Joint Charity Commissioner for sale of the trust property after completing all the formalities. On a prayer made on behalf of the petitioner, it is made clear that the observations made by the

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wp131-13.order

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Joint Charity Commissioner in the impugned order would not cause any prejudice to the case of the petitioner if a fresh application is filed under section 36 of the Bombay Public Trust Act after completing the formalities. Order accordingly.

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JUDGE

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Hirekhan

Ramchandra Ganpatrao Patil v. the Jt. Charity Commissioner, Amravati

Case brief

What is this about?

What did the court decide?

Ramchandra Ganpatrao Patil v. the Jt. Charity Commissioner, Amravati

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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