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Madhya Pradesh High Court · body

2008 DIGILAW 50 (MP)

Rajesh Bhargava v. State of M. P.

2008-01-10

S.A.NAQVI, SUBHASH SAMVATSAR

body2008
ORDER 1. This petition is preferred by the petitioners as Public Interest Litigation alleging that the land admeasuring 71 bigha was given by the Government to temple Mandir Siddeshwar Shri Mahadev and out this, land, a land in survey No. 91 having 23 bigha 9 biswa is recorded in the name of Mandir Siddeshwar Shri Mahadev as bhumiswami. 2. The contention of the petitioners is that this property is public trust property and is being sold by the Pujari without any authority. According to him as the land was initially owned by the Government, who has transferred the property to the temple, the Pujari has no right, title, interest to sale the property. From the perusal of the Annexure P-1, which is an order passed by the Registrar of Public Trusts, it appears that the property is registered as Public Trust in the Siddeshwar Mandir Shivpuri Trust. 3. In the prayer clause of this petition, the petitioners have prayed for a direction to the Registrar of Public Trust, Shivpuri to take action under section 26 of the M.P. Public Trust Act for mismanagement or misutilization and un-authorised sale of the temple's property. 4. Respondents in the present case have raised objection that the petition is not maintainable as petitioners have alternative remedy under section 26. Section 26 of the M.P. Public Trust Act provides that if the Registrar on the application of any person interested in any public trust or otherwise is satisfied that the trust property is not being properly managed or administered, he may issue necessary direction and make reference to District Court. 5. In this view of the matter, we dispose of this petition with a direction to the Registrar, Public Trust, Shivpuri to enquire into the matter and if comes to the conclusion that the property of the trust is mismanaged, he may proceed to take action in accordance with section 26 of the M.P. Public Trust Act. The Registrar shall also examine the validity of the saledeed executed in respect of the trust property. The State Government in its reply has contended that the Government is also claiming title. If that is so, the State Government is free to agitate their right before the appropriate forum. 6. Security amount, if any, be refunded back to the petitioners after due verification.