REWARAM Vs. REGISTRAR, PUBLIC TRUSTS

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India the petitioners pray for issue of a writ of certiorari quashing the order dated 27 -10 -1960 by the Registrar of Public Trusts, Narsimhapur, in Revenue Case No 1 of H. B 113 (i) of 1960 -61 which in turn seeks to give effect to the order dated 3 -1 -1956 by the Registrar of Public Trusts, Hoshangabad, in Revenue Case No. 120/XXXIII -9 of 53 -54 whereby the latter found the temple of Shri Deo Laxminarayanji at mouza Singhpur (hereinafter called "the temple") and certain agricultural lands in mouza Singhpur and Bilkhedi to be of Public Trust. They have also prayed for issue of a writ in the nature of mandamus directing the Registrar of Public Trusts, Narsimhapur, to hold an inquiry as per requirements of Section 5 of the M. P. Public Trusts Act (I of 1951) (hereinafter called "the Act") and to abstain from giving effect to the orders impugned.

(2.) THE two orders by two separate Registrars came to be passed as on 3 -1 -1956, Narsimhapur was a Tahsil within the Hoshangabad district and the Registrar at Hoshangabad had jurisdiction. But subsequently by the time second order came to be passed Narsimhapur had come to be constituted a district and hance the Registrar appointed for this view district was alone competent to deal with the subject. He came to deal further with the subject as it was discovered that the initial order dated 3 -1 -1956 was not given effect to an required by Section 7 of the Act by making necessary entries in the register. He therefore, passed the order dated 27 -10 -1960 when moved by Shaligram (respondent No. 3 before us). The petitioners had opposed that petition challenging his jurisdiction to implement the old order and claiming a fresh inquiry. But their contentions were repelled and hence this petition.

(3.) AS to the second contention we may at once say that the submissions made in support of it have not impressed us at all. The Collector Narsimhapur as Registrar of Public Trusts within his district would have to be treated as successor of the Registrar of Public Trusts at Hoshangabad so far as the Trusts and trust property situate within the district of Narsimhapur after its constitution as a district. As such a successor, the Registrar of Public Trusts, Narsimhapur gets jurisdiction over the trust property over which hitherto before the Registrar, Hoshangabad exercised jurisdiction. We see, therefore, no difficulty in repelling the contention raised before us as to the jurisdiction of the Registrar at Naisimhapur to deal with the matter.