LAWS(CHH)-2012-8-43

DATTATRAYA MANDIR TRUST Vs. STATE OF CHHATTISGARH

Decided On August 30, 2012
DATTATRAYA MANDIR TRUST Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The decision rendered in this appeal shall also govern disposal of the Writ Petition (227) No. 5329/2010 (Yashwant Rao Girpunje Vs. State of Chhattisgarh and others) because both the matters, i.e., writ appeal and the writ petition involve identical points and arise out of the same order passed by the Registrar. Public Trust. This is an appeal filed by the writ petitioner of W.P. (C) No. 4266/ 2009 under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 against the order dated 11th August, 2009 passed by the learned Single Judge in the aforementioned writ petition.

(2.) There is a trust known as "Shri Dattatraya Mandir Trust", Raipur (hereinafter called "the Trust"). It is governed by the provisions of the Chhattisgarh/ Madhya Pradesh Public Trust Act, 1951 (for short 'the Act, 1951').

(3.) An order was passed by the Registrar, Public Trust & SDO, Raipur in Case No. 01-B/113 (4) year 2008-09, Yashwant Rao Girpunje and another Vs. State of Chhattisgarh, on 12-1-2009 (Annexure P-3 in the writ petition) under Section 9(1) of the Act, 1951, at the instance of the respondent No. 6 (Yashwant Rao Girpunje) for recording change in the entries made by the Registrar in the record of the trust.