ORDER : 1. Heard. 2. This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:- “Issue a writ, order or direction in the nature of appropriate writ quashing the impugned proceeding initiated by Collector District Neemuch. 2. To conduct an enquiry with regard to unauthorized use of money, transfer of amount and utilization of fund without any authority of law. 3. To restore the status of bank account of the registered society as on 15/02/2024 and deposit the same amount lying in the bank account on the date of withdrawal i.e. Rs. 18,92,842/- 4. Award the costs of the present petition to the petitioners. 5. Any other relief/reliefs as deemed fit and proper in the facts and circumstances of this case be granted to the petitioner.” 3. In brief, the facts of the case are that the petitioner is a registered society under the Rules made by the Madhya Pradesh Gaupalan Evam Pashudhan Samvardhan Board, 2004, which is a statutory body under Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as "the Adhiniyam of 1973") and running a Gau Raksha Kendra at Nayagaon, District Neemuch. The petitioner is aggrieved by the order dated 19.02.2024, passed by the Collector, Neemuch (Annexure-P/5), whereby, the Collector, Neemuch has appointed a Committee to look into the affairs of the petitioner Gau Raksha Kendra. 4. The grievance of the petitioner is that the aforesaid Committee has been constituted by the respondent/Collector on 19.02.2024, without any authority or jurisdiction, and with malafide intentions of taking over the Gau Raksha Kendra, on a complaint dated 06.02.2024, submitted by the villagers, and represented by one Vijay Gayari, who has also filed an application for intervention before this Court. 5. Counsel for the petitioner has referred to the by-laws of M.P. Gau Palan Evam Pashudhan Samvardhan Board, in which in respect of the District level committee, the Collector is the President, and other members are the office bearers from the local bodies. It is submitted that none of the by-laws provide for the constitution of a committee, as has been done by the Collector in the present case, nor there is any provision by which the management of the Gau Raksha Kendra can be taken over by the Collector through any committee. It is submitted that none of the by-laws provide for the constitution of a committee, as has been done by the Collector in the present case, nor there is any provision by which the management of the Gau Raksha Kendra can be taken over by the Collector through any committee. Thus, it is submitted that the action of the Collector being without jurisdiction is liable to be quashed. 6. The prayer is opposed by the counsel for the State, and it is submitted that no case for interference is made out. Attention of this Court is also drawn to the Manual (Niyamavali), Sub-Clause (4) of Clause 12 of which provides that the management of Gaushala should be proper and efficient, and the Committee has also been constituted and assigned the work of looking after the management and working of the Gaushala. It is also submitted that various notices were also sent by the Committee to the office bearers of the petitioner Kendra but no replies were given by them. 7. It is also submitted that the respondent No.6 had also drawn the attention of the Collector towards the irregularities, which has led the Collector to pass the impugned order, being the President of the Committee. It is submitted that since the District Gaupalan Evam Pashudhan Samvardhan Samiti is also assigned the work of looking after the management of the Gaushalas, hence the Collector has, with bona fide intentions, formed a sub-Committee, who has taken over the work from the Gaushala, and in such circumstances, no further action is required. 8. Heard counsel for the parties and perused the record. 9. From the record, it is found that the petitioner has challenged the order dated 19.02.2024, passed by the Collector, whereby, on a report submitted by the residents of Nayagaon, Tehsil Jawad, District Neemuch, the ADM has formed a sub-committee to submit its report regarding the irregularities committed by the petitioner Shri Savriya Mahaveer Gau Raksha Kendra, who is running the Gaushala. 10. It is found that the respondents have relied upon the manual (Niyamavali) dated 31.03.2006, regarding constitution of Rajya Gaupalan Evam Pashudhan Samvardhan Board. 10. It is found that the respondents have relied upon the manual (Niyamavali) dated 31.03.2006, regarding constitution of Rajya Gaupalan Evam Pashudhan Samvardhan Board. Under the aforesaid manual, a District level Committee has also been constituted headed by the Collector and the other office bearers of the Government and local bodies, and as per Sub-clause (4) of Clause 12, it is provided that the Committee has the power to see that the Gaushala is managed and operated efficiently. Rule 5 also provides that the Committee shall inspect the Gaushala every three months and obtain information about the same and shall also give such instructions as are necessary. Sub-clause (4) and (5) read as under:- 11. It is also found that the aforesaid Committee has already given its report on 13.03.2024 through the Tehsildar, wherein, certain irregularities have been found in running of the Gaushala by the petitioner, observing that neither any meetings are held by the Gaushala Kendra, nor any resolution has been passed, and the amount received in donation is also being misused. On the basis of the said report, another Committee has been constituted by the Collector District Neemuch on 23.03.2024, headed by the Tehsildar, however, it is also found that in the return filed by the respondent, there is nothing to suggest as to how the finding recorded by the District Committee can be challenged, and although the respondents have stated that the petitioner can take resort to the provisions of the Adhiniyam of 1973, but under which provision of the said Adhiniyam it can be challenged, is not stated, however, on perusal of the Adhiniyam of 1973 this Court finds that Section 32 provides for enquiry and settlement of disputes by the Registrar, but how a Registrar under the Adhiniyam can set at naught a committee or its acts constituted by the Collector is a question which has not been answered by the respondents. 12. This Court is of the considered opinion that the aforesaid Sub-clause 4 and 5 do not and cannot provide for such sweeping powers on such sub- committee so as to take over the management of the Society without providing any challenge procedure. It is not permissible in a democratic set up. 13. 12. This Court is of the considered opinion that the aforesaid Sub-clause 4 and 5 do not and cannot provide for such sweeping powers on such sub- committee so as to take over the management of the Society without providing any challenge procedure. It is not permissible in a democratic set up. 13. In such circumstances, this Court is of the considered opinion that the dispute regarding the management of the petitioner Gauraksha Kendra can only be investigated by the Registrar under Section 32 of the Adhiniyam of 1973 and the sub-committee cannot take over the society, as it has no such powers vested in it by the Niyamavali to take over the management of a society as its duties are limited to giving instructions to the society as are necessary for its proper management, and if the society does not follow the instructions, then the only option open to the District Committee is to refer the matter to the Registrar under Section 32 of the Adhiniyam of 1973. 14. In such circumstances, this Court is of the considered opinion that the impugned order and action of the respondent No.2 cannot be sustained in the eyes of law and are liable to be and hereby quashed. Needless to say, the respondent can take resort to Section 32 under the Adhiniyam of 1973 to ensure proper management of the petitioner society by filing appropriate application before the Registrar. 15. With the aforesaid directions, the petition stands allowed and disposed of.