IN THE HIGH COURT OF CHHATTISGARH : BILASPUR Petitioners Respondents Writ Petition (C) No. 2409 of 2008 1. 5. 8. 10. 11. Versus 1. 4. 5. S/o aged Late Shri about 75 Ajay Tiwari, S/o Late Shri K.P.Tiwari, aged about 58 years. Satyanarayan Sharma, S/o Late Shri Jagdish Prasad Sharma, aged about 65 years. Jivendra Nath Thakur, Nagendra Nath Thakur, years, Vice President. Mahendra Kumar Agrawal, S/o Late Shri Radheshyam, Aged about 62 years, Secretary. Shiv Kumar Agrawal, S/o Late Shri Ram Kumar Agrawal, aged about 70 years. Ramesh Kumar Agrawal, S/o Late Shri Nar Narayan Agrawal, aged about 55 years. Shankar Hariji Agrawal, S/o Shri Dv Narayan Agrawal, aged about 60 years. Vyas Narayan Agrawal, S/o Late Shri Ramadhin Agrawal, aged about 75 years. Suresh Shukla, S/o Late Shri O.P.Shukla, aged about 50 years. Mahant Ram Sundar Das, Guru Late Shri Rajeshri Mahant Vaishnav Dasji, aged about 42 years. Ramesh Yadu, S/o Late Shri Kartik Ram Yadu, aged about 50 years. All are Trustees of Shri Thakur Ramchandra Swamy Jaitu Sao Math, Public Trust, Purani Basti Raipur Dist. Raipur (Chhattisgarh) State of Chhattisgarh, Through the Secretary, Department of Religious Trusts and Endowments, Mantralaya, Dau Kalyan Singh Bhawan, Raipur. Collector & Chairman of the Trust Committee, Shri Thakur Ramchandra Swamy Jaitu Sao Math, Raipur (Chhattisgarh) Registrar Public Trust constituted under CG Public Trust Act, 1951, being Sub Divisional Officer, Office - opposite RDA Building, G E Road, Raipur (Chhattisgarh) Tahsildar, Raipur (Chhatisgarh) Naga Sadhu Bhagwat Das Guru Vishwanath Das, aged about 40 years, Resident of Shri Hanuman Mandir, Lakhe Nagar Chowk, Raipur, Tahsil & Dist. Raipur 9Chhattisgarh) '^^-^ <- 'L ^y 6. Ram Bikas Das, S/o Late Shri Ram Bhushan Das, aged about 26 years, R/o Shri Thakur Ramchandji Jaitu Sao Math, Purani Basti Raipur, Tahsil & District Raipur (Chhattisgarh) 7. Ram Ashish Das, Guru Ram Bali Das Shastri, Resident of Shri Thakur Ramchandji Jaitu Sao Math, Purani Basti Raipur, Tahsil & District Raipur (Chhattisgarh) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (SB: Hon'ble Shri Satish K. Agnihotri J.) Shri Manindra Shrivastava, Senior Advocate with Shri Amrito Das, Advocate for the petitioners. Shri Alok Bakshi, Govt. Advocate for the respondents No. 1 to 4. Shri J. K. Shastri, Advocate for the respondent No.5. Shri Virendra Sharma, Advocate for the respondent No.6. Shri S. 8. Rajput, Advocate for the respondent No.7. ORDER (Passed on this 20th Day ofAugust, 2008) 1. With the consent of learned counsel appearing for the parties, the matter is heard finally. 2. The petitioners, by this petition, are challenging the legality and validity of the order dated 7.4.2008 (Annexure P/l), passed by the Registrar, Public Trust, Raipur in Case No.4B/113(4)07-08, whereby the functioning and management, including operation of the Bank accounts of the Trust namely "Sri Ram Chandra Swami Mandir Jaitu Sao Math?? has been given to the Tahsildar, Raipur. 3. A dispute arose with regard to the management and functioning of the Sri Ram Chandra Swami Mandir Jaitu Sao Math, which is a registered trust under the provisions of the -3>- Chhattisgarh Public Trust Act, 1951 (for short 'the Act, 1951'). An application was made by one Mr. Ram Bihari Aganval to the Sub Divisional Offlcer and the Registrar, Public Trust, Raipur in Case No. 09-8/113(4) 06-07. The Registrar after having considered all the aspects of the matter referred the dispute to the District Judge, Raipur vide order dated 14.6.2007 (Annexure R 1-4/F) to resolve the dispute under the provisions of Section 26 of the Public Trust Act, 1951, including appointment of receiver, if required. Thereafter, on the basis of the application dated 29.11.2007, filed under Section 25 of the Act, 1951, by Mahant Ram Vikas Das (Annexure R-6/3), an application dated 19.11.2007 (Annexure R-5/12), filed by Naga Sadhu Bhagwat Das Ji, and another application dated 26.3.2008 (Annexure R-1-4/H), filed by Mahant Ram Ashish Das, the Registrar, Public Trust, without referring even to the applications in the order, passed the impugned order dated 7.4.2008 (Annexure P/l), directing the Tahsildar, Raipur to take charge of the management of the trust and operate Bank accounts. Shri Manindra Shrivastava, learned Senior Counsel appearing for the petitioners submits that the impugned order is without jurisdiction as the Registrar has earlier referred the dispute to the District Judge, Raipur, which is pending consideration and without having any authority the Registrar has passed the impugned order appointing the Tahsildar, Raipur to look into the affairs of the Trust, including operation of the Bank accounts. 6. 8. ^-^- In support of his contention that the Registrar has no jurisdiction to appoint a person to take charge of a public trust and its property, Shri Shrivastava has relied on a decision of Madhya Pradesh High Court in the matter of Dalludas Vs. Registrar of Public Trusts, Hoshangabad {1971, J.L.J. Short Note (135) } and another decision in the matter of Sheoprasad Dubey Vs. Registrar, Public Trusts, Sagar 8& others (1972 J.L.J. Short Note (6)}. The facts of this case are peculiar. As the Registrar has already referred the matter to the District Judge, Raipur, in that event the dispute with regard to the management of the trust, including the operation of the Bank accounts, ought to have been referred to the District Judge, Raipur for passing appropriate order. It appears that the impugned order dated 7.4.2008 (Annexure P/l) has been passed in a very casual manner, without even referring to the applications, thereon. Looking from all angles, it appears that no trustee can be handed over the assignment of the management of the trust and operation of the Bank accounts till the application, if any, filed by either of the parties is considered and decided by the District Judge, Raipur, in the interest of justice. This Court, while exercising the extraordinary jurisdiction, should examine the facts from all angles, including the larger interest of the public. Prima facie, it appears that the Registrar, Public Trust has exercised its powers without considering the facts that the Registrar, Public Trust has no jurisdiction when the dispute is pending consideration before the District Judge, Raipur. 1 '^^•' '^/yi. 9. 10. 11. 12. In view of the foregoing, the concerned parties are directed to appear before the District Judge, Raipur on 1st September, 2008, where the dispute is pending consideration, for seeking an interim direction in regard to the management and operation of the Bank accounts, etc. Learned District Judge shall consider and decide the application for interim direction, if any, in accordance with law, on its own merits and pass the appropriate order, without being influenced by any of the observations, made herein above. Till 1st September, 2008 the Tahsildar, Raipur shall look after the interest of the management of the Trust, without withdrawing any money except for day-to-day purpose and no substantial decision be taken in the meantime, till that date. With fhe above observations this petition stands disposed of. The Registiy is directed to send a copy of this order forthwith to the District Judge, Raipur. Thakur Sd/- Satish K.Agnihotri Judge