HIGH COURT OF CHHATTISGARH : BILASPUR RIT PETITION (227) NO. 510 OF 2Q09 1. Naga Sadhu Bhagwat Das Guru Shri Vishwanathdas. aged about 37 years, aged about 37 years. R/o Hanuman Mandir, Lakhenagaf Chowk, Raipur, Tah. & Dist. Raipur(CG). 2. Akhil Bharat Hindu Mahasabha, Chhattisgarh. through $ecretary, Vasudeo Singh Thakur. S/o Manrakhan Singh Thakur, aged about 63 years, R/o Tiranga Chowk, Kushalpur, Raipur (CG). Versus RE$PQNDENT§ 1. Liladhar Chandrakar, S/o Sarju Prasad Chandrakar, aged about 36 years, R/o New Rajendra Nagar, Raipur (CG). Hari Das Tyagi. Guru Shri Anant Wbhushit Yogadhiraj Bramharishi, Barfani Dadaji, wed about 50 years. R/o Mahadeo Ghat Raipura, Raipur (CG). 3. Ram Bihari Agrawal. Sio Late Jagmohan Lal Agrawal, aged about 65 years, R/o Purani Basti. Kayasthpara, Raipur (CG). 4. Ram Ashish Das. Guru Ram Bali‘ Das Shastri, Rlo Jaitu Sao Math Purani Basti, Raipur (CG). 5. Ram \fikas Das. S/o Late Shri Ram Bhushan Das, aged about 26 years. Rlo Jaitu Sao Math, Purani Basti. Ralpur (CG). 6. Ramsundar Das. Guru Late Rajeshree Mahant Vaishnav Das. aged about 42 years, Rio Dudhadhari Math, Raipur (CG). Mahendra Kumar Agrawal S/o Shn Radheshyam Agrawal aged about 62 years. Secretary. Jartu Sao Math Public Trust Rarpur (CG) 8. ColIectorlRegIsuar/ManagerlPresrdent Public Trust Rarpur (CG) 9. Sub Drvrsronal Officer (Revenue)! Registrar. Public Trust. Raipur (CG). (Writ petition under Article 227 of the Constitution of India) Single Bench : Hon’bleShri Satish K. Agnihotri. J. Present : Shri J.K. Shastri. Counsel for the petitioners. Shri A.S. Kachhawaha. Dy. Adv. General for the State. W ORAL ORDER (Passed on this 28m day of January, 2009) With the consent of ,learned counsel appearing for the parties, the petition is heard finally. 2) The petitioners. y this petition. are challenging the report dated 30-12-2008 (Annexure-P/7). in case No.04-B/1 13 (4) year 2007-08, by the Sub Divisional Officer and the Registrar, Public Trust. Raipur. in regard to the application dated 19-11-2007 med by the petitioners and the application dated 1-12-2007 med by Shri Ramvibhas Das Guru & Others for appointment of receiver. 3) l have heard learned counsel for the petitioners, perused the pleadings and the documents appended thereto. 4) The Sub Divisional Officer (Revenue) and Registrar. Public Trust. Raipur has examined thematter in detail after issuing a public notice dated 3-12-2007. calling upon general public to submit objections, if any. ln the impugned report dated 30.12.2008 it was considered that the Writ Petition No.2409l2008 was tiled in this Court in regard to the subject matter of the dispute. wherein by order dated 20-2-2008 the matter was remanded to the District Judge. Raipur. which is pending consideration. By order dated 14-6-07 the matter relating to appointment of receiver under Section 26 of the Chhattisgarh Public Trust Act. 1951 (for short “the Act, 1951’) was also referred by the Registrar. Public Trust to the District Judge. Raipur. Further. the dispute regarding operation of the Bank accounts is also pending consideration before the District Judge. Raipur. Thus. the authority below has rightly referred the matter to the District Judge. Raipur. 5) Section of 26 o/f/therAct. 11 951 providesfor referring. the matter to the District Judge for adjudication of the dispute. which reads as under : “26. Application to Court for directions.—(1) lf the Registrar on the application of any person interested in the public trust or otherwise is satisfied that— (a) the original object of the public trust has failed: thertrust property is not being properly managed or administered: or (c) the directidn of the court is necessary for the administration of the public trust; he may, after giving the working trustee an opportunity to be heard direct such trustee to apply (b) b (gz to court for directions within the time specified by the Registrar. (2) if the trustee so directed fails to make an application as required. or if there is no trustee of the pubiic trust or if for any other reason, the Registrar considers it expedient to do so. he shall himself make an application to the court." 6) The Registrar while exercising his power under Section 26 of the Act, 1951 has referred the matter to the District Judge, Raipur wherein other disputes of the society are pending consideration. Thus, the impugned report is unexceptionable, just & proper warranting no interference. 7) lt is well-nigh established that this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of lndia. should refrain itself from interfering with the order passed by the Courts below. except in such cases where perversity, illegality. irregularity or jurisdictional error is writ large on the face of the record, which is not in the present case. 8) ln view of the foregoing, l do not consider it proper to go into the details of the matter. The petition is dismissed as not maintainable. 9) Consequently, l.A.No.1 stands disposed of. rawiiv i l Vl‘ Satish K-Agmh‘lu‘l ” l Judge ll Sdl- Gowri \\,