LAXMICHAND MODI Vs. B.R. MANDAL

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution is directed against the three orders of the Registrar of Public Trusts, Sagar dated 14 June 1961, 15 November 1961 and 5 December 1961.

(2.) THE fact of this case may be briefly stated. Shri Deo Adinathji Jain Mandir Kalu Malai, Sagar, is a registered Public Trust of which the petitioner is as shown in the register, the sole trustee. On 21 March 1961, the respondent passed an order under section 14 of the Madhya Pradesh Trusts Act, 1951 (hereinafter called the Act) by which the registrar sanctioned the sale of one of the houses belonging to the Trust on the following terms and conditions:

(3.) THE learned Government Advocate relied upon section 26 of the Act to justify the enquiry undertaken by the Registrar. In the first place, the Registrar did not purport to act under that section. Secondly, even if he could be regarded as doing so, he had, for the purposes mentioned in section 26, no jurisdiction to pass any of the three impugned orders which were wholly outside the purview of that section.