Godar Akhada Trust Mandhata (A ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 1297 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR



 WRIT PETITION NO.                            3512 /2021
 Parties Name                GODAR AKHADA TRUST MANDHATA & OTHERS.
                                VS.
                             STATE OF MADHYA PRADESH & OTHERS.
 Bench Constituted           Single Bench
 Judgment delivered By       HON'BLE SHRI JUSTICE VISHAL DHAGAT
 Whether       approved   for YES/NO
 reporting
 Name of counsel for parties For petitioner: Shri Sanjiv Kumar Chaturvedi, Advocate.

                             For Respondents: Shri Ritwik Parasar, Government

Advocate.

 Law laid down               -
 Significant       paragraph -
 number


                                 (O R D E R)
                                 06/04/2021

Petitioners have filed this writ petition challenging order dated

08.01.2021 contained in Annexure-P/1 passed in Case No.9/B-113(4)/19-20

by Sub Divisional Officer and Registrar Public Trust, Sub Division Punasa,

District-Khandwa (MP).

2. Registrar Public Trust, Sub Division Punasa, District-Khandwa (MP)

has considered the application filed under Section 26/27 of Public Trust Act

by respondent No.3/Brajraj Puri and allowed the same vide its order dated

08.01.2021. Respondent No.3 was allowed to file suit before the Court of

competent jurisdiction under Section 8 of Public Trust Act.

3. Petitioners have filed this petition on ground that respondent No.3 had

filed an application for withdrawal of case before Registrar Public Trust.

Registrar Public Trust should have first considered and decided the said

application on merits. Registrar Public Trust committed an error in not

considering the said application and passing order in main case. Respondent

No.3 did not prosecute his case before Registrar Public Trust, therefore,

Registrar committed an error in deciding the case on merits.

4. Learned Registrar Public Trust held that respondent No.3 wants to file

civil suit for challenging order dated 31.05.2016 passed in case No.03-B-

113(3)/2015-16. By said order Registrar Public Trust has passed order to

appoint petitioner No.2 as trustee. As per provision of Section 7 of Public

Trust Act,1951 if Registrar passes an order regarding change of name of

trustee in register of trust then aggrieved person can file civil suit under

Section 8 of Public Trust Act, 1951. There is no illegality in the order passed

by Registrar Public Trust.

5. There is no force in the arguments that application for withdrawal

ought to have been decided by Registrar Public Trust. If interim applications

in a case are not decided and case is finally decided then such interim

applications are deemed to have been rejected. As final order has already

been passed, therefore, there is no merits on the contention that application

filed for withdrawal of case ought to have been decided first by Registrar

Public Trust. Remedy is available to respondent No.3 against order dated

31.05.2016 regarding appointment of trustee of petitioner No.2 is by way of

filing suit under Section 8 of the Act. No illegality is found in the order

which has been passed by Registrar Public Trust.

6. In view of aforesaid, miscellaneous petition filed by petitioners is

dismissed.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2021.04.08 14:04:06 +05'30'