Madhya Pradesh High Court
Ganesh Mandir Charitable Trust (A ... vs The Sub Divisional Officer Cum ... on 16 January, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:1959
1 WP-8377-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 16th OF JANUARY, 2025
WRIT PETITION No. 8377 of 2022
GANESH MANDIR CHARITABLE TRUST (A PUBLIC TRUST DULY
REGISTERED UNDER THE PROVISION OF M.P. PUBLIC TR
Versus
THE SUB DIVISIONAL OFFICER CUM REGISTRAR PUBLIC TRUST
Appearance:
Shri Sanjay K. Agrawal - Senior Advocate with Shri Yashovardhan Jain -
Advocate for petitioner.
Shri Hitendra Singh - Government Advocate for respondent/State.
Shri Y.S. Baghel - Advocate for intervener.
ORDER
Petitioner has filed this petition under Article 226 of the Constitution
of India challenging order dated 15.03.2022, contained in Annexure P/9,
passed by S.D.O. and Registrar Public Trust, Sohagpur, District Shahdhol
(M.P.).
2. Learned Senior Counsel appearing for petitioner submitted that
S.D.O. and Registrar Public Trust, Sohagpur has acted beyond its jurisdiction
in dissolving the trust. Registrar has to conduct an inquiry and if in inquiry
Registrar comes to a conclusion that there is mismanagement or trust is not
being properly managed, then he may give a notice to working trustees and
provide them opportunity of hearing and thereafter, may direct trustees to
apply to Court for directions within the time specified by the Registrar. It is
submitted that provisions of Section 26 has not been complied with and
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Registrar himself proceeded to dissolve the trust, which is illegal and beyond
jurisdiction.
3. Government Advocate appearing for respondent/State as well as
counsel appearing for intervener is unable to oppose the aforesaid
submission.
4. Heard the counsel for the parties.
5. Section 26 and 27 of Madhya Pradesh Public Trust Act, 1951 is
reproduced as under :
"26. Application to Court for directions.
(1) If the Registrar on the application of any person interested in
the public trust or otherwise is satisfied that,-
(a) the original object of the public trust has failed;
(b) the trust property is not being properly managed or
administered; or
(c) the direction of the Court is necessary for the
administration of the public trust;
he may, after giving the working trustee an opportunity
to be heard direct such trustee to apply to Court for
directions within the time specified by the Registrar.
(2) If the trustee so directed fails to make an application as
required, or if there is no trustee of the public trust or if for any
other reason, the Registrar considers it expedient to do so, he shall
himself make an application to the Court.
27. Court's power to hear application.
(1) On receipt of such application the Court shall make or cause to
be made such inquiry into the case as it deems fit and pass such
orders thereon as it may consider appropriate.
(2) While exercising the power, under sub-section (1) the Court
shall, among other powers, have power to make an order for;-
(a) removing any trustee;
(b) appointing a new trustee;
(c) declaring what portion of the trust property or of
the interest therein shall be allocated to any particular
object of the trust;
(d) providing a scheme of management of the trust
property;
(e) directing how the funds of a public trust whose
original object has failed, shall be spent, having due
regard to the original intention of the author of the trust
or the object for which the trust was created;
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(f) issuing any directions as the nature of the case
may require.
(3) Any order passed by the Court under sub-section (2) shall be
deemed to be a decree of such Court and an appeal shall lie
therefrom to the High Court.
(4) No suit relating to a public trust under Section 92 of the Code
of Civil Procedure, 1908 (V of 1908), shall be entertained by any
Court on any matter in respect of which an application can be
made under Section 26."
6. Complainant has filed an application for dissolving the trust. On
said application, report from Tehsildar was called. Tehsildar submitted its
report by letter dated 12.03.2021. Notice was also issued to President of the
Trust, who did not file any reply, neither appeared before Registrar Public
Trust. Priest of the temple has filed its reply, wherein it was stated that a civil
suit was filed bearing No. 30/A-78, which was decided by judgment dated
17.09.1980. In said judgment, registration of trust dated 20.12.1975 was
found to be valid. Disputed land was found to be belonging to Ganesh
Mandir. It was also held that as per the by-laws of trust, trustees are to be
elected. Period of tenure of trustees is 3 years. Election is to take place every
3 years. As per by-laws, account in name of trust is to be opened in local
bank, which is to be operated by any two out of President, Secretary and
Treasurer. Members can deposit fee and become members who elect trustees.
Trustees can be removed by majority. There are 5 types of members in the
trust i.e. Founder Member, Custodian Member, Lifetime Member, Active
Member and Assistant Members, who can pay fees and become members for
electing trustees. Audit report is to be prepared each year regarding finances
and annual income of trust is to be used in the same year for purposes of
trust. Registrar had come to a specific finding that after death of trustees,
separate name of trustees is to be brought on record, but in official records
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only one trustee is brought on record, which is against the by-laws and points
towards irregularity. No election has been conducted. Some trustees have
died. No notices have been given and manner of running of trust and its
working was found highly objectionable and irregular. No balance sheet was
prepared regarding donations received in trust. No balance sheet was
prepared. Financial irregularities were also committed in the trust. In these
circumstances, trust was dissolved and S.D.O., P.W.D., T.I. Kotwali Shahdol
and R.I. Sohagpur was temporarily directed to look after the trust's
management.
7. On going through impugned order, it is found that trust was not
being run according to the by-laws and there was financial irregularities in
the trust. There is specific finding of facts. Court will not interfere in the
finding of facts regarding irregularities which are being committed. It is also
found that Registrar Public Trust has acted beyond its jurisdiction, as under
Section 26, if any irregularity is found regarding mismanagement of public
trust, then Registrar Public Trust is required to direct trustees to go to Civil
Court and file an application before the Court. Court after receiving
application may pass order regarding scheme of management of trust
property, appointment of trustees and may also give other directions.
Registrar Public Trust on his own could not dissolve the trust.
8. In facts and circumstances of the case, writ petition is disposed off
directing existing trustees to file an application before civil Court seeking
direction regarding management of trust and election of trustees. Said
application may be filed within a period of 45 days from passing of the
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order. Till further directions are received from Civil Court, interim
arrangement made by Registrar Public Trust vide order dated 15.03.2022 for
running of Ganesh Mandir shall remain effective. Impugned order dated
15.03.2022, contained in Annexure P/9, passed by S.D.O. and Registrar
Public Trust, Sohagpur is modified to aforesaid extent.
9. Writ petition is disposed off.
(VISHAL DHAGAT)
JUDGE
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