WPPIL/137/2023
2023 Latest Caselaw 2624 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                  WRIT PETITION (PIL) NO. 137 OF 2023
                          05TH SEPTEMBER, 2023
BETWEEN:
Lalit Mohan Singh Negi                                             .....Petitioner.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioner : Mr. Deep Chandra Joshi, learned counsel.

Counsel for the Respondent Nos.1 to 4 : Mr. B.S. Parihar, learned Standing Counsel with Ms. Puja Banga, learned Brief Holder.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition, statedly in public interest, to stop the alleged misuse

of properties of M.B. Educational Trust, i.e. respondent no.5,

for any commercial purpose, other than the educational

purpose for which the property was entrusted by the settler

of the trust Mr. Babu Ram, S/o Lala Motiram Vaish. The

petitioner has placed on record the trust deed which shows

that the trust was created by Mr. Babu Ram for the purpose

of establishment of an English Medium School for the people

of the State. The trust is a public charitable trust.

2. The submission of Mr. Joshi is that the said school

is being fully funded by the State. The said school has a large

playground, which is being used for the purpose of holding

exhibition round the year, from which, income is derived. The

children are being deprived their right to use the playground

for sporting and other activities. The petitioner alleges that

the trustee is not managing the trust in the manner provided

in the trust deed.

3. In our view, the appropriate remedy that the

petitioner can, and should invoke, is to prefer a Suit under

Section 92 of the Code of Civil Procedure.

4. In case any such Suit is filed, we expect the

concerned District Judge to look into the same with a sense of

urgency.

5. The writ petition stands disposed of in the aforesaid

terms.

6. We, however, make it clear that we have not

examined the petitioner's case on merits.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 05th September, 2023 NISHANT