PARMANAND Vs. SHRIMANT GOSWAMI

JUDGEMENT

(1.) THE matter pertains to the properties belonging to the Public Trust, registered under the M.P. Public Trust Act, 1951. Respondent No. 1 is the Managing Trustee of the Trust in question and it was alleged against him and other trustees that they have illegally transferred properties belonging to the Trust without previous permission of the Registrar, Public Trust as envisaged under Section 14 of the M.P. Act, 1951. On a complaint being made by the petitioner, in this behalf, the Registrar, Public Trust - respondent No. 2 held an enquiry and concluded that the said transfers were illegal being in contravention to Section 14.

(2.) THE Registrar has further directed respondent No. 1 - managing trustee to apply to the Court for directions in terms or Section 26 of the Act. It is further stated in the order (Annexure P -3) that in case the trustee fails to do so, the petitioner herein may make application to the District Judge. Section 26 of the Act reads as under :

(3.) LEARNED counsel for petitioner submits that there is no point in asking the trustees to make any such application. He submits that in fact the Registrar himself should have made application to the District Judge under Section 26 (1). Under the order (Annexure P -3), the trustee was directed to make application within 30 days of the date of passing of the Order (20.7.2000). The period has yet to expire.