UMEDI BHAI Vs. COLLECTOR SEHORE

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed by a decree-holder who obtained a decree against one Goswami Ratanprabha alias Bhanuprabha. The decree was transferred for execution to Bhopal and there certain properties were attached in execution. Two persons Laxminarayan and Purushottam filed a regular suit No. 19-A of 1961 for a declaration and injunction that the properties belonged to a public trust and could not be sold in execution of the decree. That suit was ultimately dismissed on technical grounds and nothing more need be said about it. The respondent No. 3 Babulal then filed an application under section 4 of the M. P. Public Trusts Act, 1951, for registration of the public trust. The present petitioner - decree holder contested those proceedings on various grounds which need not be mentioned here. Those proceedings were entrusted by the Collector who was the Registrar under the Act to a Sub-Divisional Officer for enquiry. Apparently, the order was passed under section 34 of the said Act. THIS order was passed on 28th August 1962. Thereafter, an application was made by Babulal, respondent No. 3, before the Collector and Registrar of Public Trusts for an injunction restraining the decree-holder from executing his decree by sale of the properties in question. By order dated 2nd March 1963 the Collector exercising his inherent powers ordered that the present applicant will not take any further steps in the execution of his decree against the property. A notice was also given to the applicant to show cause why the interim injunction should not be made absolute. THIS order was passed ex parte.

(2.) THE present writ petition has been filed against both these orders. With regard to the order of transfer it is contended that the Collector had no power to pass that order under the Act. We do not agree. Section 34 of the Act reads as follows :

(3.) IT was contended on behalf of the respondent that the subject-matter of the dispute required to be protected and should not be sold away before the matter of registration is decided. That question can be decided by the executing Court on a proper application being made by any of the interested parties. IT is for the executing Court to see whether it is proper to stay its hands at a particular stage of execution. IT is not for the Registrar to direct the decree-holder not to execute his decree.