DURGA PRASAD MAHOBIYA Vs. MAHANT YAGYANAND BRAMHACHARI

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner herein seeks to challenge the oder passed by the Registrar, Public Trusts under Ss. 6 and 7 of the Chhattisgarh Public Trusts Act, 1951 (for short 'the Act of 1951'), rejecting the application for registration of public trust filed under Sec. 4 of the Act of 1951.

(2.) Essential facts necessary to adjudicate the plea raised at the Bar are as follows: -

(3.) Mr. Avinash Chand Sahu, learned counsel appearing for the petitioner, would vehemently submit that inquiry has not been conducted under Sec. 5 of the Act of 1951 and it is not a private temple, it is a public trust and with the aid and assistance of a Member of Parliament that temple has been constructed. Since no finding has been recorded under Sec. 6 of the Act of 1951 with reasons, civil suit would not be maintainable and therefore the writ petition is maintainable.