RAMNARAYAN AGRAWAL Vs. STATE OF CHHATTISGARH & ORS.

JUDGEMENT

(1.) The petitioner by the instant petition under Article 227 of the Constitution of India has prayed for quashing the order dated 18.1.2007 (Annexure - P/3) passed by the 11th Additional District Judge, Raipur whereby the petitioner's application under Section 25(3) of the public Trusts Act has been dismissed as not maintainable. The petitioner has also prayed for quashing the order dated 25 -2 -2006 (annexure - P/1) passed by the SDO, Raipur, respondent No. 4 whereby non - applicants have been appointed temporary trustees of the trust namely, 'Ramchandra Swami Trust".

(2.) Case of the petitioner is that Thakur Ram Chandra Swami Dudhadh Math is a public trust registered under the Public Trusts Act in the year 1966. After the death of its sole chief trustee Shri Ramdwarika Lal Agarwal, the Registrar made a reference to the civil court under Section 26 of the Public Trusts Act (for short 'the Act') on 27 -7 -1972 for appointment of trustee. During the pendency of the above reference, respondents no. 3 and 5 to 14, moved an application under Section 9 of the Act for appointment of trustee and the same was allowed and the Registrar appointed them temporary trustee.

(3.) Being aggrieved by the order of the Registrar, the petitioner preferred an application under Section 25 (3) of the Act before the civil court and his application for temporary injunction was allowed by the civil Court. However, subsequently application under Order 7 Rule 11 CPC filed by the aforesaid respondents was allowed and the petitioner's application under section 25 of the Act was dismissed as not maintainable.