RAJESH BHARGAVA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition is preferred by the petiioners as Public Interest Litigation alleging that the land admeasuring 71 bigha was given by the Government to temple Mandir Siddeshwar Shri Mahadev and out this land, a land in survey No. 91 having 23 bigha 9 biswa is recorded in the name of Mandir Siddeshwar Shri Mahadev as bhumiswami.

(2.) THE contention of the petitioners is that this property is public trust property and is being sold by the Pujari without any authority. According to him as the land was initially owned by the Government, who has transferred the property to the temple, the Pujari has no right, title, interest to sale the property. From the perusal of the Annexure P -l, which is an order passed by the Registrar of Public Trusts, it appears that the property is registered as Public Trust in the Siddeshwar Mandir Shivpuri Trust.

(3.) RESPONDENTS in the present case have raised objection that the petition is not maintainable as petitioners have alternative remedy under section 26. Section 26 of the M.P. Public Trust Act provides that if the Registrar on the application of any person interested in any public trust or otherwise is satisfied that the trust property is not being properly managed or administered, he may issue necessary direction and make reference to District Court.