RAMA VIDYARTHI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition, filed in March 1965, challenges notifications issued by the State Government on 17-2- 1965 tinder Sections 4 and 5 of the Charitable Endowments Act in respect of a trust called the Tratap Trust' created in the year 1919 for running the Pratap Press at Kanpur and publishing a newspaper call ed the 'Pratap'. By the notification issu ed under Section 4 of the Act the Pro perty held by the trust has been vested Sn the Treasurer of charitable endow ments; while by the notification under Sec tion 5 a Scheme for the administration of the trust has been settled and a number of new trustees have been appointed.

(2.) AT the relevant time three per sons were undoubtedly serving as trustees of the trust viz. Srimati Rama Vidyarthi (Petitioner No. 1), Dr. Jawahar Lal RohtagI JO. P. 4) and Sri Nawal Kishore Bhartiya (O. P. 5). The petitioners assert that there was in addition a fourth trustee Ashok Vidyarthi (petitioner No. 2); but in the counter-affidavit filed on behalf of the State the alleged resolution of the trust dated 2-5- 1961, whereby he was appointed, : has been stated to be forged and fabricat ed.

(3.) NEXT , it is contended that the impugned notifications are bad because they were issued without any prior notice being given to petitioner No, 1, who was undoubtedly a trustee and interested in the management of the trust. The rules on this subject, however, which have been reproduced in Annexures L-l and L-2 to the petition, show that no previous infor mation to trustees or other interested parties was necessary before the vesting order and the scheme were promulgated. Rule 6 merely lays down that:-