Jagid Brahman Sutar Panchayat ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 19241 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 20 th OF NOVEMBER, 2023
                                              WRIT PETITION No. 23829 of 2023

                           BETWEEN:-
                           JAGID BRAHMAN SUTAR PANCHAYAT CHANDRAPURA
                           MANDSAUR THROUGH ITS PRESIDENT SHRI ASHOK
                           ZALOYA S/O SHRI RAMNARAYANJI ZALOYA A TRUST
                           REGD UNDER THE PORIVISION OF MP PUBLIC TURST
                           ACT 1951 REGD OFFICE SHRI VISHWAKARMA
                           MANGLIK BHAWAN MANGLIK BHAWAN HOUSE NO. 15
                           NAI ABADI GOL CHAURAHA MANDSA AND R/O A 28 LIG
                           BHAWAN NEAR BAJAJI TEMPLE JANTA COLONY
                           MANDSAUR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (SHRI ROHIT SABOO - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH REGISTRAR
                                 M.P. PUBLIC TURST MANDSAUR (MADHYA
                                 PRADESH)

                           2.    T E H S I L D A R TEH. AND       DIST.   MANDSAUR
                                 (MADHYA PRADESH)

                           3.    COLLECTOR TEHSIL AND DIST. MANDSAUR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI VISHAL PANWAR- PANEL LAWYER)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                               ORDER

In the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the order dated 05.09.2022 passed by respondent

Signature Not Verified Signed by: SOURABH YADAV Signing time: 21-11-2023 11:26:46

no.1, Registrar, Public Trust, whereby, the application of the petitioner trust for alienating the trust property has been rejected.

2. Learned counsel for the respondent raised an objection regarding maintainability of the petition on the ground that the petitioner is to file suit under section 8 of MP Public Trust Act. He referred to the order passed by the co-ordinate bench of this Court in the case of Prahlad Kushwah and Anor Vs. Rani Devmati and Ors reported in 2012 (3) MPLJ 673.

3. Learned counsel for the petitioner argued that the aforesaid judgment is distinguishable in the facts of the present case.

4. Considering the aforesaid submission notices were issued.

5. Learned counsel for the respondent/state prays for time to file reply.

6. Learned counsel for the petitioner submits that the petitioner is confining his relief to the extent that the respondent no.1 be directed to decide his application afresh without being influenced by the impugned order. It is submitted that the provisions of section 14 of MP Public Trust Act has been considered by the Apex Court in the case of Parsi Zoroastrian Anjuman Vs. Sub-Divisional Officer reported in 2022 SCC Online SC 104, in which it has been held that it is not within the jurisdiction of the Registrar to examine the reasons for which the trust is seeking alienation of the property. Sanction of the Registrar has to be based on either "direction in the instrument of trust" or "any direction given under this or any other law by any Court." He submits that the order is not as per the judgment passed by the Apex Court.

7. Learned counsel for the respondent submits that the aforesaid argument was not canvassed before the Registrar.

8. After hearing learned counsel for the parties, the present petition is disposed off with a direction to the respondent no.1 to pass a fresh order Signature Not Verified Signed by: SOURABH YADAV Signing time: 21-11-2023 11:26:46

considering the judgment passed by the Apex Court in the case of Parsi (supra) in accordance with the law without being influenced by the impugned order dated 12.04.2022.

9. It is made clear that this Court has not decided the issue regarding maintainability of the petition. The issue shall remain open at the appropriate stage.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 21-11-2023 11:26:46