TRUST, GORA KHURD Vs. STATE & ORS.

JUDGEMENT

(1.) IN this writ petition short question arises for consideration whether the Registrar, Public Trust is having the right to remove the trustee. Registrar lacks the jurisdiction is the submission of the petitioner, while seeking the quashment of the order P/3 and P/3 -A passed by the Registrar of Public Trust respectively on 14.9.98 and 16.9.98.

(2.) IT is not necessary to refer the facts in extensive details; suffice it to observe that petitioner is a registered public trust under the Public Trust Act, 1951. The only question for consideration is whether the Registrar, Public Trust has the jurisdiction to remove the existing trustee and appoint another by his own order.

(3.) THIS matter has been considered by a Division Bench of this Court in Dalludas v. Registrar of Public Trusts, Hoshangabad, 1971 JLJ 135 and another Division Bench decision of this court in Sheoprasad Dubey v. Registrar, Public Trusts, Sagar and others : 1972 JLJ 6. It has been held by this Court that Registrar has no jurisdiction to remove the trustees and to appoint new; he has to seek direction from a Civil Court. Section 26 of the MP Public Trusts Act, 1951 (for short "the Act") reads as under : -