MANGALYA MANDIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned counsel for intervenors questioning the maintainability of petition has submitted that Shri Mukesh D. Patel who has filed the petition and affidavit in support of the petition is not a trustee of petitioner's trust. Further objection has been raised that Shri Rajesh Kumar Bharati who has signed resolution annex.P-2 and authorizing Mukesh D.Patel is not a trustee and that Narain Sai who had submitted the change report himself was not a trustee on the date of submitting the report and registration certificate Annexure P-1 is not relatable to petitioner trust.

(2.) Counsel for petitioner responding to the aforesaid objection has submitted that the change report was filed by Narain Sai before Registrar Public Trust vide Annexure MA/1 adding name of Shri Rajesh Kumar Bharati and Mukesh D. Patel as trustees of petitioner trust and by virtue of Section 22 of Bombay Public Trust Act, 1950 change report comes into operation on the date of submission and in this regard he has placed reliance upon judgment of Bombay High court in the matter of Vijay K. Mehta and another v. Charu K. Mehta and others reported in 2008(5) Mh.L.J. 853. He submits that the change report in respect of expulsion of Narain Sai was submitted on 18/10/2013 and in this regard enquiry is pending, therefore, said change has not come into effect. He has submitted that by virtue of change report submitted by Narain Sai, Rajesh Kumar Bharati was one of the trustee who had authorized Mukesh D. Patel another trustee to file this petition and therefore, petition has been filed by a competent person. He has also submitted that registration certificate Annex.P-1 is relatable to petitioner trust and in this regard he has referred to documents filed as annexure MA/4.

(3.) Having heard the learned counsel for the parties and on perusal of the record it is noticed that the writ petition has been filed by Mangalya Mandir, a registered trust through Shri Mukesh D. Patel stated him to be trustee of the trust. An affidavit in support of the petition has been filed by Mukesh D. Patel. The petition has been filed on the strength of resolution dated 9/3/2019, Annex.P-2. By this resolution Rajesh Kumar Bharati projecting himself to be the trustee of Mangalya Mandir has authorized Shri Mukesh D. Patel to file petition.