MANOJ AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have been filed this writ petition on the following relief(s) :

(2.) Learned counsel for the petitioners contended that the Petitioners, being office bearers and lawful members of the Shri Maa Bamleshwari Mandir Trust Samiti, Dongargarh - a public trust registered under the Chhattisgarh Public Trusts Act (registration No.2/1976) have approached this Court seeking intervention against an arbitrary, unauthorized, and hasty interference by Respondent No. 2 (SubDivisional Officer) in the internal affairs of the Trust. The Petitioners, in a properly convened general meeting held on 29/5/2025, passed a resolution removing Respondents No. 3 and 4 from the Trust's membership. The meeting complied with all constitutional and procedural mandates. However, without jurisdiction, Respondent No. 2 entertained and allowed an application filed by Respondents No. 3 and 4 under Ss. 26 and 27 of the Act, and set aside the said resolution just before the finalization of the electoral roll. The impugned order not only violates the autonomy of the Trust, but also reflects bias, procedural impropriety, and abuse of process, especially when jurisdictional challenges were raised and a transfer petition was pending. The present writ petition has thus been filed challenging the order dtd. 03/07/2025 for redressal of these grievances and restoration of lawful trust functioning.

(3.) Learned State counsel fairly admitted that under Sec. 26 of the Chhattisgarh Public Trusts Act, 1951, Sub-Registrar has power only to direct after giving the working trustee and opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar. Further, he contended that under Sec. 27 of the Chhattisgarh Public Trusts Act, 1951 the power vested on Civil Court.