Shriram Mandir Devsthan Trust ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 12830 MP

                                                                               1
                                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                                      AT INDORE
                                                                          WP No. 21447 of 2022
                                              (SHRIRAM MANDIR DEVSTHAN TRUST THROUGH PRESIDENT GOVIND Vs THE STATE OF MADHYA
                                                                           PRADESH AND OTHERS)

                                            Dated : 23-09-2022
                                                  Shri A.K. Sethi, learned Senior Counsel with Shri Nitin Phadke, learned

                                            counsel for the Petitioner.
                                                  Shri Koustubh Pathak, learned counsel for the Respondents No. 1-3 on

advance copy.

In the instant petition, a challenge has been made to the interim order

dated 13.09.2022 passed by the Collector, Barwani restraining the commercial activities of the petitioner-Trust and also operation of the bank account.

Counsel for the petitioner submits that the order passed by the Collector is without jurisdiction. He has no authority to pass such orders under the provisions of Madhya Pradesh Public Trust Act, 1950. In support of his submission, he has placed reliance on a judgment passed by the Division in the case of Sheoprasad Dubey vs. Registrar, Public Trusts, Sagar & others, M.P. No. 612/1970 decided on 11.10.1971, wherein it has been held that the Registrar has no jurisdiction to appoint any committee to take charge of Trust

property.

Counsel for the State submitted that the Collector is the Registrar of the Trust under Section 3 and he has got the powers under Section 22 of the Act to pass such orders. It is further submitted that the land in question is of temple land and the Collector is the Manager of the said land.

Issue notice to the respondents on payment of PF within seven working Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.09.23 17:49:13 IST days by both modes, returnable within four weeks.

As an interim measure, it is directed that the petitioner-Trust shall be

permitted to hold the scheduled programme in the Community Hall which are already contracted by the Trust.

CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.09.23 17:49:13 IST