LAWS(MPH)-2007-8-175

MITTHU LAL JAIN Vs. STATE OF MADHYA PRADESH

Decided On August 10, 2007
Mitthu Lal Jain Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This writ petition is filed by the five petitioners as a Public Interest Litigation praying for some directions to the respondents 1 to 4 to make enquiry into the affairs of Shri Gausala, Katni (for short 'Gausala') in relation to alienation of the properties of the Gausala and for other consequential directions including directions to cancel the sale deeds and lease-deeds executed on behalf of the Gausala in favour of the transferees.

(2.) The petitioner No.1 has described himself as a President of Shiva Sena, District Body, Katni and Gau Rakshak Samiti, Katni; the petitioner No.2 has described himself as State General Secretary, Janata Dal; the petitioner No.3 has described himself as the President of Loktantrik Samajwadi Party; the respondent No has described himself as the President, Shrimjivi Kamgar Union; and the petitioner No.5 has described himself as the Ex-District President, National Students' Union of India. The petitioners have stated in the writ petition that Gausala was founded in the year 1925 for the protection of cows, bulls, calves etc. For the Gausala, some landed property was purchased and the Gausala was registered as a Public Trust in the year 1938. Several persons also donated their movable and immovable properties to the Gausala.

(3.) The petitioners have alleged that some greedy persons have taken over the Gausala in their hands and are alienating the immovable properties of the Gausala worth crores of rupees for selfish and personal ends and are defeating the pious objects of the Gausala. The petitioners have further stated that the Registrar, Public Trusts, Katni initiated proceedings against the Committee of Gausala and the Secretary of the Gausala to prevent them from alienating the property but the Committee claimed that the Gausala is not a Public Trust but was a Society registered under the M.P. Societies Registrikaran Adhiniyam, 1973 (for short 'the Adhiniyam') and assailed the proceedings initiated by the Registrar of Public Trusts, Katni before this Court in writ petitions ? W.P.Nos.2364 of 2002 and 1675 of 2004 and on 5.4.2005, a learned single Judge of this Court disposed of the writ petitions with the observation that it is open to the writ petitioners to raise all contentions and produce all materials before the Registrar, Public Trusts, Katni in support of their stand that the Gausala is not a Public Trust but a Society registered under the Adhiniyam. The petitioners have contended in the present writ petition that the status of the Gausala is not yet clear and yet the Gausala Committee has obtained permission from the Registrar of Societies under the Adhiniyam to sell a big partial of land measuring 12.190 hectares of the Gausala located within the Katni Municipal Corporation area and valued at crores of rupees. The petitioners have further alleged that the land which has been sold has been falsely shown as agricultural land with dishonest intention and a sale-deed in respect of the land has been executed and registered in June, 2005 at a very low value. The petitioners have further alleged that the office bearers of the Gausala are going to alienate the entire land of the Gausala as soon as possible and end the existence of the Gausala by distributing the sale proceeds of the land amounting to crores of rupees amongst themselves and they are going to disappear with all the money. The petitioners have also stated that despite representations made by the petitioners to the authorities, no steps have been taken to prohibit such alienation and instead the Registrar of Firms and Societies is himself taking interest in the alienation of property and is not making any enquiry into the dubious state of affairs of the Gausala.