KAUSHAL KISHORE (MAHANT) Vs. STATE OF M.P.

JUDGEMENT

(1.) THE short question which arises in this appeal is as to whether an institution which vests in the State under the Qawayad Muafidaran Jujbe Arazi Wa Nakdi Samvat, 1991 (Riyast Gwalior) can be registered under the M.P. Public Trusts Act, 1951 (hereinafter referred to the Act). The facts in details need not be noticed. However, the findings which have been recorded by the trial Court in paras 18, 19 and 20 of the judgment be noticed :

(2.) IN the present case, the findings recorded by the Courts below are that the institution in question vests in the State Government and it was being looked after by a pujari. If this be the position then, the institution in question would be exempt and it could not be registered under the aforementioned Act. In somewhat similar circumstances in State Bank of Indore v. Property Tax Officer [1981 (11) MPWN Note 125], it was observed that a public trust managed by Government is exempt under section 36 and it is not necessary to get it registered before filing of civil suit. Though, the above case, as indicated above, dealt with a different proposition yet on a bare reading of section 36 (1) (a) (c) of the Act the conclusion is inevitable that an institution which vests in the State and is looked after by a pujari who is appointed by the Government, then, there is no question to get the same registered. This appeal is accordingly allowed. The registration of the institution under the aforementioned Act would be of no consequence. It is, however, made clear that the Collecter of the District would be within its rights to see that the institution is properly administered.