KRISHAN GOPAL MISHRA Vs. STATE OF MP

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 226 of the Constitution, petitioner has called in question the interim order dated 14/08/2003 passed by the Sub-Divisional Officer. Brief facts necessary for adjudication of this petition are as under:-

(2.) EARLIER, Sub-Divisional Officer passed an order dated 25/09/1995 by giving a finding that the trust is a public trust. The said order dated 31/5/1997 was called in question before this Court in W.P.No. 1031/97. This Court decided the said matter after hearing the parties on 08/01/2001. A bare perusal of the order would show that this Court quashed the order dated 31/05/1997 aforesaid, wherein a finding was given that the trust in question is a public trust and remitted the matter back to decide the application in the light and spirit of the provisions of M.P. Public Trust Act, 1951 (for short, "1951 Act). In the proceedings before the SDO, both the parties have admitted that the trust in question is a private trust. On the basis of this admission, the SDO opined that the Government officials had no jurisdiction to appoint pujari in a private trust and accordingly, cancelled the petitioner's appointment order.

(3.) I have bestowed my anxious consideration to the rival contentions advanced at the bar.