BHAVESH C MEHTA v. JT.CHARITY COMMISSIONER & 2

CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE SHARAD D.DAVE 5th August, 2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/2081/2007 JUDGMENT Heard the learned advocates. This Appeal preferred under clause 15 of the Letters Patent arises from the judgment and order dated 3rd November, 2006 passed by the learned Single Judge in above Special Civil Application No. 1909 of

1999. The appellant is the writ petitioner. The respondent no. 3 is the Gam Samast Leuva Patidar Samaj [hereinafter referred to as, “the Trust”], a public trust registered under the Bombay Public Trusts Act, 1950. The Trust possessed land at village-Saroli, Surat. In the year 1998, the Trust resolved to divide it into 40 plots, and to dispose of the same @ Rs. 16/- per sq. meter. It is the claim of the appellant that the appellant had desired to purchase one of the plots and had offered Rs. 51/= per sq.m. His offer, however, was not accepted by the Joint Charity Commissioner. Feeling aggrieved, the appellant preferred Appeal No. TEN/AAS/5/98 before the Gujarat Revenue Tribunal which came to be dismissed on 23rd February, 1999. The said order has been confirmed by the learned Single Judge by the impugned judgment and order. The learned Single Judge has also imposed cost of Rs. 20,000/=. It is noted LPA/2081/2007 JUDGMENT that, “..As noted earlier, the petitioner has exhibited no degree of seriousness in raising objection or in pursuing the same.

The petitioner remained absent before the Joint Charity Commissioner as well as before the Gujarat Revenue Tribunal. Before this Court also, at the time of final hearing, there has been no representation on behalf of the petitioner. He had succeeded in obtaining interim injunction. The petition is, therefore, required to be rejected with exemplary cost of Rs. 20,000/= to be borne by the petitioner.” Therefore, the present Appeal. Mr. Joshi has appeared for the appellant. He has submitted that as against the rate of Rs. 16/= per sq.m decided by the Trust, though the appellant had offered a much higher price of Rs.51/= per sq.m., his offer was not accepted on the sole ground that he did not remain present before the Joint Charity Commissioner. He has submitted that the transfer of plots of land by the Trust is vitiated by mala fide. The transfers have been made in favour of the relatives of the trustees.

The contention is not borne out by the pleadings before the Revenue LPA/2081/2007 JUDGMENT Tribunal or before the learned Single Judge. It, therefore, requires to be rejected outright. It is evident that the above referred observations made by the learned Single Judge was absolutely apt and justified. Besides, the transfers were made as far back as in the year 1998. No question of interference with the said transfers arise now after more than 10 years. For the aforesaid reasons, the Appeal is dismissed in limine. Civil Application stands disposed of. Prakash* {Miss R.M Doshit, J.} {Sharad D. Dave, J.}