(1.) THE Order passed in this petition will also govern the disposal of Misc. Appeal No. 747 of 1994 and Misc. Appeal No. 115 of 1995, preferred against the order dated 6th August, 1994 by the First Additional district Judge, East Nimar, Khandwa in Misc. Case No. 17/93.
(2.) THE facts giving rise to this petition are thus. Admittedly the petitioner is a registered public trust, as defined in section 2 (4) of the Madhya pradesh Public Trusts Act, 1951 (for short 'the Act' ). In an earlier litigation a scheme was prepared at the instance of the Registrar, Public Trust in Misc. Case No. 3/60 by the Additional District Judge, Khandwa. On some complaints lodged against the functioning and administration of the Trust, the registrar, Public Trust, respondent No. 1 issued a show cause notice dated 30th May, 1992 (Annexure P-2) to the working trustee of the Trust of which the working trustee submitted a reply. The respondent No. 1 having arrived at a prima facie satisfaction on the complaints and the allegations as detailed in show cause notice, acting under sub-section (2) of section 26 of the Act made an application for reference to the Court of District Judge. The petitioner raised an objection that the reference is incompetent as no compliance has been made on sub-section (1) of section 26 of the Act. Some persons interested in the administration of the Trust also made an application to permit them to intervene. The Additional District Judge after hearing parties rejected the objection as well as the application for intervention. Aggrieved of the said order, petitioner-trust through working trustee has filed Misc. Appeal No. 747 of 1994 and Interveners have filed Misc. Appeal no. 115 of 1995. The petitioner trust has also filed the petition for quashing the order dated 5-3-1993 of making the reference to the Court of District Judge.
(3.) SHRI Abhay Sapre, learned counsel for the petitioner submitted that the respondent No. 1 without giving an opportunity of hearing to the working trustee on the show cause notice and without its satisfaction made a reference. The Registrar, Public Trust can make application under section 26 (2) of the Act on his satisfaction when the trustee so directed fails to make an application as required. Therefore, the reference is incompetent and the order of the respondent No. 1 deserves to be quashed.