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Madhya Pradesh High Court · body

2000 DIGILAW 821 (MP)

Parmanand v. Shrimant Goswami

2000-08-11

N.K.JAIN

body2000
The matter pertains to the properties belonging to the Public Trust. registered under the M.P. Public Trust Act. 1951. Respondent No. 1 is the Managing Trustee of the Trust in question and it was alleged against him and other trustees that they have illegally transferred properties belonging to the Trust without previous permission of the Registrar. Public Trust as envisaged under Section 14 of the M.P. Act. 1951. On a complaint being made by the petitioner. in this behalf. the Registrar. Public Trust - respondent No.2 held an enquiry and concluded that the said transfers were illegal being in contravention to Section 14. The Registrar has further directed respondent No. 1 - managing trustee to apply to the Court for directions in terms or Section 26 of the Act. It is further stated in the order (Annexure P-3) that in case the trustee fails to do so. the petitioner herein may make application to the District Judge. Section 26 of the Act reads as under: “26. Application for 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. Under Sub-section (2) of Section 26 it is only a trustee or in case the trustee does not do so or if no such trustee is available, the Registrar shall himself make the application to the Court. In the instant case it is noted that the trustees have already been held guilty for the said illegal transfers. Learned counsel for petitioner submits that there is no point in asking the trustees to make any such application. He submits that in fact the Registrar himself should have made application to the District Judge under Section 26 (1). In the instant case it is noted that the trustees have already been held guilty for the said illegal transfers. Learned counsel for petitioner submits that there is no point in asking the trustees to make any such application. He submits that in fact the Registrar himself should have made application to the District Judge under Section 26 (1). Under the order (Annexure P-3). the trustee was directed to make application within 30 days of the date of passing of the Order (20.7.2000). The period has yet to expire. Under the circumstances. I dispose of this petition with liberty to the petitioner to approach the Registrar, for himself making application to the District Judge under Section 26 (1) of the Act. As and when such application is made. the Registrar shall consider the same in conformity with law.