SOURABH KUMAR Vs. REGISTRAR PUBLIC TRUST

JUDGEMENT

(1.) THIS petition has been preferred to quash the order dated 7-2-1994 contained in Annexure P/9 passed by the Court of Registrar Public Trust, (S. D. O. Khurai) District Sagar.

(2.) SHORT facts leading to the petition are that there was a public trust in the name of Shridev Parshwanath Digamber Jain, Naya Mandir Trust, Khurai having various objects including to render public service by providing help to the persons suffering from ailment and diseases. Vide resolution dated 11-11-1984, it was decided to open a well equipped hospital on behalf of the trust in the city of khurai. It was estimated at Rs. 12 lacs. Liquid assets of the trust were not sufficient, therefore, a decision was taken to sell house No. 155 situated at Bihari ward, Khurai which was owned by the Trust. It was a dilapidated property fetching no profitable income. An application, therefore, was submitted before the Registrar of Public Trust under section 14 of the M. P. Public Trust Act (for brevity "the Act") for seeking permission to sell the house property and to utilize the money for construction of the hospital. A huge piece of land granted to the trust on a lease for 30 years on 6-11-1987 vide Annexure P/2 was proposed to be utilized for the construction of the hospital. Learned Registrar Public Trust on 14-9-1992 passed an order marked as Annexure P/3 and granted permission subject to the following conditions :-

(3.) THEREAFTER, an application was made before the Registrar Public Trust for modification of order contained in Annexure P/3. It was allowed vide order dated 20-12-1993 contained in Annexure P/5. Accordingly, the conditions No. 3 and 4 contained in Annexure P/3 were modified to the following effect:-