DINESH KUMAR JAISWAL Vs. COLLECTOR JABALPUR

JUDGEMENT

(1.) This petition, under Articles 226 and 227 of the Constitution, has been filed for issue of a writ of certiorari to quash resolution dated 4-3-89. Annexure E, of the Cantonment Board and order dated 4-4-1989, Annexure P, of respondent No.2, for issue of a writ of mandamus to respondents 1 to 4 to take appropriate steps to prevent alienation, waste or alterations of the trust property and to hold inquiry and formulating a scheme for administration of the trust and its property. The petitioners also pray for a writ of prohibition commanding respondents 1 to 4 to restrain respondents 6 to 9 from making reconstruction of shops 33-A and 33-D in Sadar Bazar, Cantonment, Jabalpur, which are in occupation of the petitioners as tenants of the trust.

(2.) Late Maulana Malak Saheb of Nagpur created a public trust named "Mehdi Bagh Public Trust, Nagpur". Late Hijab A. Maulana was appointed as a trustee. His son was Late Khan Bahadur Maulana Mohammed Ebrahim Riza Malak (MEN Malak) who was nominated as successor dayee. On his death, late Hasan Noorani Malak was appointed as a trustee by order dated 7-9-1963, Annexure B. On his death, the trust property came in to possession and management of his son Amiruddin Malak, respondent No.6.

(3.) The original trust was created on 9-6-1894 by deed, Annexure A. The trust has extensive moveable and immovable properties situated at various places constituting a nucleus for further accretions of property. Huseni Villa with out-houses including vacant land and plinth and building under construction bearing plot No.132, area 5.40 acres, situated in Sadar Bazar, Cantonment, Jabalpur (hereinafter called 'the property in dispute') was acquired for and on behalf of the trust by sale deed dated 8-1-1929, Annexure Q, by late M.E.R. Malak as a Dayee. The petitioners allege that this property forms part of the trust property, for which reliance is placed on supplementary trust deed, Annexure A/3.