✦ Bombay High Court · 26 Jul 2012

Vidya amin v. The State of Maharashtra & Ors.

Writ Petition No. 5408 of 2012R G KETKAR

Case at a glance

Decided
26 Jul 2012
Bench
R G KETKAR

Outcome

Allowed

Writ Petition is allowed to be withdrawn with a liberty as prayed

Provisions considered

Key paragraphs

  • Para 33. After arguing the petition for sometime, Mr. Singh seeks permission to withdraw this petition with a liberty to take out appropriate proceedings under section 3692) of the Act for revocation of the sanction accorded on 8th February, 2012. Writ Petition is allowed to be…

Judgment

Mr. Vikas K. Singh, Advocate for the petitioner. Mr. S.D. Rayrikar, AGP for the respondent nos. 1 and 2. CORAM : R.G. KETKAR, J. DATE : 26th July, 2012. P.C. Heard Mr. Singh, learned counsel for the petitioner and Mr. Rayrikar, learned AGP for respondent nos. 1 and 2.

2.

By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 8th February, 2012 passed by the Charity Commissioner, Maharashtra State, Mumbai in Application No. 40 of 2010 filed under section 36(1)(a) of the Bombay Public Trusts Act, 1950. By that order, the Charity Commissioner accorded sanction for sale of properties of Ratanshi Premji Charitable Trust bearing P.T.R. No. E/220 (Thane) situated at village Bhayendarpada, District Thane.

Operative part

3.

After arguing the petition for sometime, Mr. Singh seeks permission to withdraw this petition with a liberty to take out appropriate proceedings under section 3692) of the Act for revocation of the sanction accorded on 8th February, 2012. Writ Petition is allowed to be withdrawn with a liberty as prayed

4.

for. 1 Of 2 WP5408_2012

5.

It is expressly made clear that the petitioner is at liberty to take out proceedings under section 36(2) of the Act, if permissible in law and subject to all the objections that may be available to the respondents. It is made clear that I have not expressed any opinion on the merits of the proceedings that are proposed to be taken by the petitioner. ( R.G. KETKAR, J ) 2 Of 2

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Writ Petition is allowed to be withdrawn with a liberty as prayed

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227; Bombay Public Trusts Act, 1950 — s. 36(1)(a).

Which court decided this case, and when?

Bombay High Court, on 26 Jul 2012. The bench was R G KETKAR.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 5408 of 2012). ← Search more judgments