BADRI PRASAD TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner before this court has filed this present petition under article 227 of the Constitution of India being aggrieved by the order dated 19-05-2020 passed by the Registrar Public Trust, Ratlam and the subsequent order dated 30-05-2020 passed by the Tehsildar, the respondent No.3.

(2.) The petitioner's contention is that the petitioner is a resident of Ratlam District and the respondent No.2 is a registered trust registered under the Public Trust Act, 1951. It has been stated in the writ petition that the petitioner has purchased a land bearing Survey No. 95 Rajgarh District Ratlam from the erstwhile President of the Trust through the registered Sale Deed. On 14-08-2001 permission was granted by the Registrar of the Public Trust to the erstwhile President of the Trust to sell 1.8 hectares of trust propertyand a sale deed was executed on 30-08-2001. The petitioner's contention is that the Registrar on an application preferred by the Trust has passed an order on 19-05-2020 and has arrived at a conclusion that certain persons have encroached upon the trust property and the Tehsildar, Ratlam has been directed to take action in accordance with law, keeping in view Section 250 of the M.P. Land Revenue Code. The order is on record as Annexure-P-1 and the same reveals that the name of the petitioner does not find place in the order passed by the Tehsildar. The most shocking aspect of the case is that the persons against whom the order has been passed who are respondents before the Registrar Public Trust have already preferred Civil suits and the petitioner has preferred a writ petition before this court under article 227 of the Constitution of India stating that he has purchased 1.8 hectares of the land through registered sale deed and in respect of the aforesaid First Appeal is pending i.e. FA No. 10/2017 before this court and the matter is sub judice before this court.

(3.) On the other hand Mr Vinay Gandhi has argued before this court that the petitioner is claiming title in respect of only 1.8 hectares of land which he has purchased through the registered sale deed and the sale deed is on record Annexure-P-3 dated 22-09-2001. Mr Gandhi has stated that the total area of the land over which the trust is having title is 8.5 hectare and the order passed by the Registrar does not relates to the area which is the subject matter of the sale deed. He has stated that the persons have illegally grab the trust land and, therefore, an order has been passed by the Registrar Public Trust against which civil suits have been filed and the petitioner wants the proceedings to remain stayed and, therefore, he has filed the present writ petition.