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Madhya Pradesh High Court · body

2013 DIGILAW 523 (MP)

Shri Jagdish Mandir Ganesh Mandir Public Trust v. State of M. P.

2013-04-16

AJIT SINGH

body2013
JUDGMENT By this petition, the petitioners have prayed for quashing of order dated 23-7-2012 (Annexure P-4), passed by respondent No. 2, Registrar, Public Trust and Sub-Divisional Officer, Jabalpur. 2. Petitioner No. 1 is a public trust registered under the provisions of the Madhya Pradesh Public Trust Act, 1951' (for short "the Act"). And petitioner No. 2 is a company registered under the provisions of the Companies Act, 1956. A portion of land belonging to petitioner No. 1 has been granted on lease to petitioner No. 2 by a registered lease deed dated 9-4-1949. The lease is also being renewed from time to time. As per Clause 3 (ii) of the lease deed, lessee is entitled to sub-let leased premises or a portion thereof. In the year 2008, an application under Section 14 of the Act was filed for renewal of lease for a further period of 30 years. The application was allowed by respondent No. 2 vide order dated 4-6-2010 on the ground that renewal would fetch revenue to the trust and was beneficial to it. Respondent No. 2, however, imposed a condition No. 4 that the premises shall not be further given on lease to any other party. Aggrieved with the said condition, the petitioner filed an application under Section 14 of the Act for modification or clarification that they would be entitled to seek loan from bank on the basis of leased land or collaborate with other persons for business purposes. But respondent No. 2 by the impugned order dated 23-7-2012 dismissed the application on the ground that he has no powers under Section 14 of the Act to review an earlier order passed by him. 3. Section 14 of the Act reads as under:-- “14. Previous sanction of Registrar, in cases of sale, etc., of property belonging to a public trust.--(1) Subject to the directions in the instrument of trust or any direction given under this or any other law by any Court-- (a) no sale, mortgage, exchange of gift of any immovable property; and (b) no lease for a period exceeding seven years in the case of agricultural land or for a period exceeding three years in the case of non-agricultural land or building; belonging to a public trust, shall be valid without the previous sanction of the Registrar. (2) The Registrar shall not refuse his sanction in respect of any transaction specified in sub-section (1) unless such transaction will, in his opinion, be prejudicial to the interests of the public trust. 4. A bare reading of the above quoted section makes it clear that respondent No. 2 is not correct in holding that he has no power to modify or review the condition earlier imposed by him. The section clearly states that only the conditions or restriction which are contained in the instrument of trust or order of any Court cannot be modified by him. In other cases, respondent No. 2 only has to see whether sanction of transaction for which an application is made will be beneficial to the interests of the public trust. I, therefore, quash the order dated 23-7-2012 (Annexure P-4), and remand the matter to respondent No. 2 for deciding the petitioner's application afresh on merits. 5. The petition is allowed but without any order as to costs.