MAHANT MADAN MOHAN DAS Vs. ANIRUDHA PRASAD SHASTRI

JUDGEMENT

(1.) PETITIONER in this writ petition has put the question on Sustainability of order (P-1) passed by the Registrar, Public Trust, on 22-4-2002 referring the matter under Section 26 of M. P. Public Trust Act for issue of the direction.

(2.) RESPONDENT No. 1 filed an application before the Registrar, public Trust, that Trust was not being managed by public. The property of trust was being dissipated by Shri Bhagwan Singh Patel, Shri Laxman Das, Shri madan Mohan Das and Shri Tulsi Das. 200 shops were constructed by the trust and about 150 shops have been transferred at the rate 18,000/- per shop and premium of 2-5 lacs has been obtained in lawful manner. The action is in violation of Section 14 of M. P. Public Trust Act. No prior sanction of Registrar was obtained. Trust has been put to a loss of Rs. 4-5 crores. The alienation made is illegal and void.

(3.) A writ petition was earlier filed before this Court vide W. P. No. 285/2001 which was decided on 6-12-2001 and this Court directed Registrar, public Trust, to bestow his anxious consideration and dispose of the proceedings in accordance with law by the end of April, 2002. The factum of disposal shall be intimated to the Registry of this Court. With the aforesaid direction the writ petition was disposed of. The application under Section 26 was filed before the Registrar on 21-10-2000. The matter was pending on one or other count, ultimately, direction had to be issued by this Court for expeditious disposal. The order-sheet dated 26-12-2001 indicates that in spite of being required, the Trust failed to submit requisite documents in spite of the fact that directions were issued several times by the Registrar. Interim direction was issued to produce the record on next date which was fixed on 11-1-2002. Ultimately, as the record was not produced, enquiry was to be completed within the time fixed. Commissioner was appointed. To make an enquiry into the records and Tehsildar Huzur Was directed to submit the report within 15 days. No record was produced before the Additional Tehsildar, Circle 2, by the trust. Ultimately, impugned order (P-l) has been passed by the Registrar, public Trust, on 22-4-2002. It has been noticed that in spite of several opportunities/directions Trust has not produced the record. The direction was made to produce the record. Last opportunity was given on 9-5-2001 but in spite of that the record was not produced. Then a prayer was made on behalf of the trust not to appoint the Commissioner for making interim enquiry and later on to call the record. Commissioner was directed to make an enquiry and submit report but still no record was made available to Additional Tehsildar huzur. Finding has been recorded that this is the case of total non-co-operation meted out by the Trust. They have not assisted the Commissioner appointed to make the enquiry. Thus, findings have been recorded that Trust is not being managed properly as alleged and it has become necessary to obtain the direction of the Civil Court. Order has been passed under Section 26 (i)of M. P. Public Trust Act.