R R DIWAKAR Vs. M S PATIL

JUDGEMENT

(1.) This petition under Art.226, is concerned with a public trust called 'Loka Shikshna Trust'. R.R.Diwakar-the petitioner was its sole trustee. It was founded in the year 1937 and came to be registered under the Bombay Public Trusts Act, 1950, hereinafter referred to as 'the Act'.

(2.) The Charity Commissioner has issued an order restraining the petitioner from transferring or making any change in the trust property. The petitioner challenges the validity of the said order.

(3.) Briefly stated, the facts are: The, trust is engaged primarily in the publication of the Kannada Daily 'Samyukta Karnataka' from its Hubli and Bangalore Offices and also the publications of a Kannada Weekly called 'Karmaveera' and a monthly journal called 'Kasturi'. Upto the year 1969, the petitioner was the sole person in the management of the trust. Thereafter he appointed three either persons as co-trustees put of whom respondent 4 before, me was one it, is said that the appointment of the, co-trustees did not work well and was alleged to have been revoked by the petitioner on 14-6-1972. On 25-12-1973, the petitioner appointed three more persons as successor trustees. In this connection there are proceedings pending before the Asst Charity Cornmr including a miscellaneous complaint against the petitioner on the mis-management of the trust. During the pendency of these proceedings, respondent 4 filed an application for temporrry injunction complaining that the petitioner was trying to alienate the trust properties. He asked the Asst Charity Commr to restrain the petitioner or the successor-trustees from transferring or making any change in the trust properties. That application was opposed by the petitioner, on the contention, among others, that the authorities constituted under the Act have no power to issue a temporary injunction against the trustees of a public trust. The Asst Charity Commr accepted the said contention; but he referred the matter to the Charity Commr with the following observation :