BUDHOOLAL Vs. REGISTRAR, PUBLIC TRUST

JUDGEMENT

(1.) THE only question that arises for consideration in this miscellaneous petition is whether the Additional Commissioner, Jabalpur (respondent No. 2) could be held to be the Registrar of public Trusts within the meaning of section 3 of the Madhya Pradesh Public Trusts Act, 1951 (hereinafter referred to as 'the Act').

(2.) THE petitioners claim to be working as sarbarakars of the temple 'Shri Radhakrishna and Bhagwan Viswakarma', Niwadganj, Jabalpur. They allege that after the coming into force of the Act, respondent No. 3, Kashiram Viswakarma, made an application for registration of the aforesaid trust under section 4 of the Act to the registrar of public Trusts, Jabalpur, where Shri V.S. Tambey, Additional Deputy Commissioner, Jabalpur, purporting to act as the Registrar of Public Trusts; Jubalpur, passed the impugned order (Annexure A) on 12 -3 -1955, in Revenue Cace (No. 47/125 of 1954 -55, side head XXXIII /9, ordering the Registration of Shri Radhakrishna Bhagwan temple as a public trust with the direction that, Kashiram, respondent No. 3, be recorded as the sole trustee of the said trust in addition to the other entries made in the Register of the Registrar. The petitioners contend that he aforesaid order (Annexure A) was passed by a person who was not authorized act as 'the Registrar of Public Trusts' within the meaning of section 3 of the Act, and that it was also passed without making any inquiry as contemplated by section 5 of the Act.

(3.) UNDER section 3 of the Act, the Collector shall be the Registrar of Public Trusts in respect of every public trusts the principal office or the principal place of business of which as declared in the application made under sub -section (3) of section 4 is situate in his district. As it is not disputed that Shri V.S. is Tambey was not the Collector, the question that arises for consideration is whether an Additional Collector could act as the Registrar of Public Trusts within the meaning of section 3 of the Act.